Najib Granted DNAA In RM6.6 Billion 1MDB CBT Case Due To Missing Prosecution Documents
A discharge not amounting to an acquittal (DNAA) does not imply that the accused is innocent, as the prosecution can still charge them in the future.
Former prime minister Datuk Seri Najib Razak was granted a discharge not amounting to an acquittal (DNAA) in the RM6.6 billion criminal breach of trust (CBT) case related to the 1MDB scandal
According to the New Straits Times, High Court judge Datuk Muhammad Jamil Hussin acquitted Najib and former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah, citing the prosecution's failure to provide the defence team with hundreds of documents related to the trial.
The documents consist of records from cabinet meetings involving the Finance Ministry, the Natural Resources and Environmental Sustainability Ministry, and the Transport Ministry.
"After listening to submissions from all parties, I use the inherent power to grant a DNAA on all six charges.
"These are my brief grounds. First, the prosecution did not adhere to Section 51A of the Criminal Procedure Code (CPC).
"Second, the DNAA does not prejudice the prosecution as they can recharge the accused.
"Third, this case was registered in 2018 but the trial cannot proceed even when trial dates have been set many times. This is an inordinate delay," said Muhammad Jamil.
Under Section 51A of the CPC, the prosecution is obligated to furnish the accused with specific documents before the trial begins.
Najib Razak (centre) and Muhammad Jamil Hussin (right) appearing at the Kuala Lumpur Court Complex.
Image via Buletin TV3
Najib's lawyer, Tan Sri Muhammad Shafee Abdullah, previously applied for a permanent stay of the proceedings, criticising the Attorney-General's Chambers (AGC) for its lack of preparation in the case
He questioned why the prosecution decided to charge his client and proceed to trial without first ensuring that all necessary documents were prepared and available for the defence.
Meanwhile, Mohammad Irwan's lawyer, Datuk Seri K Kumaraendran, also asked for a DNAA for his client, arguing, "This case has been going on for too long. It's been six years. I pray your lordship will conclude it today."
On 25 October 2018, Najib and Mohammad Irwan pleaded not guilty to six charges of CBT involving RM6.6 billion in government funds related to payments to the International Petroleum Investment Company (IPIC).
The two were jointly accused of committing the offences at the Finance Ministry Complex in Putrajaya between 21 December 2016 and 18 December 2017.
This case is separate from the corruption and money laundering charges against Najib, in which he is accused of embezzling RM2.27 billion from 1MDB. In that case, Najib was ordered to enter his defence in late October, and the next proceeding is scheduled for 2 December, reported Malay Mail.
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