KUALA LUMPUR – The High Court here today granted a discharge not amounting to an acquittal (DNAA) to former prime minister Datuk Seri Najib Razak and former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah from six charges of criminal breach of trust.
The charges relate to RM6.6 billion in government funds concerning payments to the International Petroleum Investment Company (IPIC), local media reported.
High Court judge Datuk Muhammad Jamil Hussin made the ruling after granting an application filed by both defendants through a notice of motion today.
In his brief ruling, Muhammad Jamil stated that based on the facts and circumstances of the case, the court exercised its existing powers to order the first and second defendants to be discharged without acquittal (DNAA) from all six charges.
“My first brief reason is that the prosecution did not fully comply with the Criminal Procedure Code (CPC), and the second is that the DNAA order does not prejudice the prosecution’s case. The prosecution may re-charge the defendants.
“Third, this case was filed in 2018, yet the trial could not proceed even though several trial dates had been set, due to the prosecution’s failure to fully comply with Section 51A CPC.
“This is an extreme delay. The applications by the first defendant (Najib) and the second defendant (Mohd Irwan) in the notice of motion are allowed.
“Therefore, the first and second defendants are discharged without acquittal (DNAA) from all six charges,” he said.
Judge Muhammad Jamil also ordered the RM1 million bail to be returned to both Najib and Mohd Irwan.
On October 25, 2018, Najib and Irwan pleaded not guilty to six charges of criminal breach of trust involving RM6.6 billion in Malaysian government funds.
The charges stemmed from payments made to the International Petroleum Investment Company (IPIC) and were allegedly committed at the Ministry of Finance complex in Putrajaya between December 21, 2016, and December 18, 2017.
The two were charged under Section 409 of the Penal Code, in conjunction with Section 34, which stipulates a maximum sentence of 20 years in prison, caning, and a fine, should they be convicted.
However, given that both defendants are over the age of 50, they would be exempt from caning if found guilty.
A key issue in the case was the prosecution’s failure to fully comply with Section 51A of the Criminal Procedure Code (CPC), which requires the provision of certain documents to the accused before the trial begins.
As a result, despite the serious charges, the court granted the DNAA, meaning that Najib and Irwan could face re-charging on the same grounds at a later date.
Najib has been incarcerated in Kajang Prison since Aug 23, 2022 after being convicted of embezzling RM42 million in funds belonging to SRC International Sdn Bhd.
Following his conviction, he filed a petition for a royal pardon on Sept 2, 2022, which resulted in a reduction of his sentence from 12 years to six years and his fine from RM210 million to RM50 million. – November 27, 2024