KUALA LUMPUR, Nov 25 — The High Court today dismissed former prime minister Datuk Seri Najib Razak’s application for a ‘permanent stay’ of his criminal breach of trust (CBT) trial involving RM6.64 billion in government funds.
High Court judge Datuk Muhammad Jamil Hussin, however, allowed parties to submit on whether a discharge not amounting to acquittal (DNAA) from all charges should be granted to both Najib and the second accused, former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah.
A DNAA would enable the prosecution to bring the same charges against the accused in the future, unlike an acquittal, where the prosecution is barred from pursuing the same charges.
Today’s hearing was initially scheduled for the trial, but proceedings were impeded as defence lawyers for both accused informed the court that they had yet to receive the full set of documents necessary for their defence.
Several classified documents intended for the trial have not been fully declassified by their respective ministries and government agencies, prompting defence lawyers to argue that the lack of access to these documents jeopardises their clients’ right to a fair trial.
“By not providing these documents, my client is highly prejudiced,” said Mohd Irwan Serigar’s lawyer, Datuk K. Kumaraendran.
He added that the charges have been looming over his client for six years, with proceedings postponed three times this year to allow the prosecution time to obtain the declassified documents.
Kumaraendran argued that granting a DNAA would be reasonable under the principle of a fair trial, given the current circumstances.
“Once, and if, they are ready, they can charge my client again,” he said.
Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, supported Kumaraendran’s request but emphasised that the DNAA should only be a ‘final’ alternative.
Instead, he proposed that the court grant a permanent stay of the trial until the documents are handed over.
“We are being carpet-bombed by the system. He is appearing virtually every week in every court, and it is extremely challenging for counsel to prepare him while meeting him in prison for hours,” Muhammad Shafee said.
However, the court rejected Najib’s request, noting that no formal application had been filed.
Deputy prosecution head II Muhammad Saifuddin Hashim Musaimi responded by saying the prosecution does not intend to request a DNAA and would leave the decision to the court’s discretion on whether to proceed with the trial.
Muhammad Saifuddin acknowledged that the declassification process is beyond the prosecution’s control and dependent on the respective agencies holding the classified documents.
After hearing all arguments, the judge dismissed Najib’s bid for a ‘permanent stay’ but allowed additional submissions on whether the court has the inherent power to grant a DNAA without a formal application from the prosecution.
The hearing for these additional submissions is set to resume on November 27.
The IPIC trial is Najib’s fourth criminal trial, following the SRC International Sdn Bhd trial, the 1Malaysia Development Berhad (1MDB) trial, and the audit report tampering trial.
In October 2018, Najib and Irwan Serigar pleaded not guilty to six charges of CBT involving RM6.6 billion in government funds linked to payments to the International Petroleum Investment Company (IPIC).
The charges allege that Najib and Irwan Serigar committed the offences at the Finance Ministry Complex, Putrajaya, between December 21, 2016, and December 18, 2017.
They were charged under Section 409 of the Penal Code, read together with Section 34, which carries a maximum penalty of 20 years’ imprisonment, whipping, and a fine upon conviction.
Imprisoned since August 23, 2022, Najib is serving a 12-year jail sentence and RM210 million fine for his conviction over the misappropriation of RM42 million from SRC International. This sentence was recently reduced to six years’ imprisonment and a RM50 million fine by the Pardons Board.
