Former Prime Minister Datuk Seri Najib Razak and former Treasury Secretary-General Tan Sri Mohd Irwan Serigar Abdullah have been granted a discharge not amounting to acquittal (DNAA) in their trial for criminal breach of trust (CBT) involving RM6.6 billion in government funds. The High Court’s decision follows years of delays since the case was initiated in 2018.
High Court Judge Datuk Muhammad Jamil Hussin made the ruling based on his inherent judicial powers after the defense submitted formal applications for DNAA on behalf of both accused.
Reasons for the DNAA
The judge cited three primary reasons for granting the DNAA:
- Non-Compliance with Section 51A of the Criminal Procedure Code (CPC): The prosecution failed to furnish the defense with necessary documents as required by law before the trial’s commencement.
- Lack of Prejudice to the Prosecution: The DNAA allows the prosecution to recharge the accused in the future, unlike an acquittal which bars the case from being revisited.
- Excessive Delays: Despite being filed in 2018, the trial has yet to progress due to repeated postponements, resulting in an "inordinate delay."
Section 51A of the CPC mandates that the prosecution supply specific documents to the accused to prepare their defense. The lack of compliance with this provision was a significant factor in the court’s decision.
What DNAA Means for Najib and Irwan
The DNAA does not signify that Najib and Irwan have been cleared of the charges. Instead, it leaves the door open for the prosecution to recharge them with the same allegations in the future. This ruling contrasts with an outright acquittal, which would have permanently absolved them of the charges.
The defense argued that the prolonged delay in the trial, which has been postponed multiple times due to incomplete documentation from the prosecution, has unfairly placed the accused under a legal cloud for six years. Among the delayed documents were sensitive correspondences between ministries, government agencies, and Cabinet, some of which were classified.
The Case Background
Najib and Irwan were charged in October 2018 with six counts of CBT under Section 409 of the Penal Code, read with Section 34, which carries a maximum sentence of 20 years in prison, whipping, and a fine upon conviction. The charges relate to RM6.6 billion in government funds linked to payments made to the International Petroleum Investment Company (IPIC), which have also been tied to the 1MDB scandal.
Both men pleaded not guilty at the time, maintaining that they had no intention of committing CBT.
Legal Proceedings
Lawyers Tan Sri Muhammad Shafee Abdullah and Datuk K. Kumaraendran represented Najib and Irwan, respectively. The court’s decision followed extensive submissions on whether the judge could invoke his inherent powers to grant a DNAA at the defense’s request, a move typically initiated by the prosecution under Section 254 of the CPC.
Deputy Prosecution Head II, Muhammad Saifuddin Hashim Musaimi, acknowledged the judge’s discretion to use these powers, conceding to the court’s final authority on the matter.
Future Implications
While Najib and Irwan have avoided immediate trial, the DNAA leaves the possibility of future charges. This development highlights persistent delays and procedural issues in high-profile financial crime cases in Malaysia.
Information Source: Malay Mail
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