VIPs who were granted the DNAAs not specified.
Minister in the Prime Minister’s Department (Law and Institutional Reform), Azalina Othman Said, revealed that the Attorney-General’s Chambers granted 18 VIPs a discharge not amounting to an acquittal (DNAA) between 2017 and 2024.
“The decision is made based on the provisions under Article 145(3) of the Federal Constitution, which allows the attorney-general to institute, conduct, or discontinue any proceedings for an offence, except those before a Syariah Court, a native court, or a court martial.
“Using this provision, the attorney-general exercises discretion based on statements from enforcement agencies, recent developments, and new statements that emerge during an ongoing trial,” she stated in a written reply to Parliament.
No specific VIPs named
Azalina did not specify the names of the VIPs granted DNAA. However, she referenced a 2012 circular issued by the chief registrar, which classifies high-profile individuals under the VIP category. This includes rulers, governors, their close relatives, ministers, state executive councillors, MPs, and judges.
According to a chart provided by Azalina, the highest number of DNAAs were issued in 2020 and 2023, with five in each year.
It is notable that in 2020, Malaysia was under the Pakatan Harapan administration until the Sheraton Move in February led to its collapse, placing Perikatan Nasional in power. In 2023, the country was governed by the coalition government under Prime Minister Anwar Ibrahim.
High-profile DNAA recipients
Among the notable figures granted DNAA were Deputy Prime Minister Ahmad Zahid Hamidi, former Prime Minister Najib Abdul Razak, and former treasury secretary-general Mohd Irwan Serigar Abdullah. Najib and Irwan were granted DNAA over six criminal breach of trust charges involving RM6.6 billion.
Reforms for transparency
To ensure transparency in the DNAA process, Azalina stated that the government is undertaking reforms involving the judiciary through legislative changes, improved communication, and procedural enhancements.
“We have embarked on a strategic partnership with local universities to conduct studies on existing legislation before proposing improvements,” she added.
It is important to note that under current laws, the power to grant DNAA lies solely with the attorney-general, not the judiciary.