Former prime minister Datuk Seri Najib Razak was today granted a discharge not amounting to an acquittal (DNAA) in his final criminal case involving RM27 million from SRC International Sdn Bhd. The trial has stalled since 2019.
High Court Judge K Muniandy delivered the decision during a hearing to determine whether to fix new trial dates or allow the DNAA, as previously requested by the defence.
Muniandy said the rule of law should prevent an accused from facing charges indefinitely without resolution.
“The prolonged wait for trial has become a long haul for the accused person, denying him of a timely resolution,” he said.
“This court is also mindful of the prevailing fact that the preferred charges against the accused date back to the offence being committed in the year 2014, now it is 2025, and the case has not taken off for trial.
“By the virtue of these factors, the most appropriate order is for this court to discharge the accused person without acquitting him so he’s not saddled with the charges preferred against him.”
With the DNAA granted today, Najib’s only pending criminal case is the ongoing 1MDB trial. He is currently serving a prison sentence for misappropriating RM42 million from SRC International.
Najib was previously acquitted over the removal of key information from the auditor-general’s 2016 report on 1MDB and was also granted a DNAA in the RM6.6 billion International Petroleum Investment Company (IPIC) criminal breach of trust case.
Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, had earlier urged the court to grant the DNAA, citing justice and the indefinite postponement of the trial since 2019.
A DNAA means the accused can be charged again for the same offence if the prosecution chooses to reinstate the charges.
The prosecution had requested more time to compile voluminous trial documents, despite indicating readiness to proceed following the Attorney General’s Chambers’ recent rejection of a representation submitted by Najib two years ago.
Muniandy acknowledged that the court has inherent power to grant a DNAA, though it must be used sparingly. He found no indication that the case could proceed in the near future.
“It behoves this court to comprehend that, even if the documentary proof is procured and gathered, it has to be delivered to the accused person for him to adequately prepare his defence after consulting his counsel.
“Meanwhile, the likelihood of further postponement of the trial is inevitable.”
Muniandy added that the DNAA would not prejudice the prosecution, as it remains free to re-charge Najib when ready.
“The DPP had graciously conceded in this court to a question put to him, if the prosecution would be prejudiced, if an order of DNAA as prayed for by counsel for the accused is allowed, and his answer was a resounding no,” he said.
Najib was charged on 3 February 2019 with three counts of money laundering involving RM27 million. The alleged offences occurred on 8 July 2014, when he purportedly accepted illegal proceeds via three AmPrivate Banking accounts at AmIslamic Bank Berhad, AmBank Group Building, Jalan Raja Chulan.
The charges fall under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, which carries a maximum fine of RM5 million, up to five years’ imprisonment, or both upon conviction.
Najib is currently serving a reduced six-year sentence at Kajang Prison, after the Federal Court upheld his conviction in August 2022 in a separate SRC International case involving RM42 million.
For his ongoing 1MDB trial, final arguments from both sides are scheduled over nine days, from 21 to 24 October and from 27 to 31 October.