The High Court today granted a discharge not amounting to acquittal to Datuk Hasanah Abdul Hamid, the former director-general of the Malaysian External Intelligence Organisation (MEIO), in her criminal breach of trust trial involving RM50.4 million funds.
High Court judge Ahmad Shahrir Mohd Salleh said he had granted the DNAA order, as the prosecution had said it would not continue the trial proceedings against Hasanah at this point in time.
The judge also noted the prosecution’s plans to prosecute Hasanah in the future over the matter.
“In the present case, the learned DPP, in applying not to further prosecute the accused, indicates that the accused will be made to face the charge at a later date. The learned DPP also explains about the new development which was discovered.
“In the circumstances, I find that the prosecution has provided good and valid grounds in exercising his powers under the law to not further prosecute the accused. I also find that the new development as explained by the learned DPP is a temporary impediment because the learned DPP confirms that the accused will be made to face the charge in the future.
“Therefore, I hereby order the accused to be given a discharge not amounting to acquittal (DNAA),” the judge said.
In criminal cases before the court, there are several outcomes possible: such as a conviction and sentencing of an accused; or an acquittal of an accused; or a discharge not amounting to acquittal (DNAA) of an accused which effectively means release from the charges but with the possibility for the accused to face trial for the same charges in the future if the prosecution decides to reinstate charges.
In other words, a DNAA means that an accused has not been acquitted of the charges but is merely discharged of the charges. – MMO