KUALA LUMPUR (ANN/THE STAR) – The High Court in Kuala Lumpur on Wednesday has granted a discharge not amounting to an acquittal (DNAA) to former Malaysian Prime Minister Datuk Seri Najib Razak and former treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah in the MYR6.6 billion criminal breach of trust (CBT) case involving payments to the International Petroleum Investment Company (IPIC).
Justice Muhammad Jamil Hussin, in delivering the decision on Wednesday, said the DNAA was granted following a notice of motion filed by the defence, citing the prosecution’s failure to comply with the Criminal Procedure Code (CPC).
The court noted significant delays in the case, which has been ongoing since 2018, despite multiple trial dates being set.
“The trial could not proceed due to an inordinate delay. This is unacceptable,” Justice Muhammad Jamil said. He further highlighted that the prosecution failed to adhere to Section 51A of the CPC, which mandates the provision of certain documents to the accused before trial.
Both Najib and Mohd Irwan were granted a DNAA for all six charges of CBT. Justice Muhammad Jamil clarified that the DNAA does not prejudice the prosecution’s case, and they retain the right to recharge the accused if necessary.
The court also ordered the return of the MYR1 million bail paid by each accused.
Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, and Mohd Irwan’s lawyer, Datuk Seri K. Kumaraendran, argued for the DNAA based on the prolonged delays and the prosecution’s inability to provide essential documents.
“This case has been ongoing for six years. We urge the court to bring closure today,” Kumaraendran submitted.
The prosecution, led by Deputy Public Prosecutor Muhammad Saifuddin Hashim Musaimi, earlier informed the court that delays stemmed from the declassification of confidential documents required for trial. These documents include records from Cabinet meetings and several ministries.
Najib, 71, and Mohd Irwan, 67, were jointly charged on October 25, 2018, with six CBT offences involving MYR6.6 billion in government funds related to payments to IPIC. The alleged offences occurred between December 21, 2016, and December 18, 2017, at the Finance Ministry Complex in Putrajaya.
The charges, filed under Section 409 of the Penal Code, carry penalties of up to 20 years in prison, whipping, and fines upon conviction.
With the DNAA granted, the prosecution now faces the decision to either recharge the accused or drop the case entirely.
