KUALA LUMPUR: The High Court here has given 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 in the RM6.6bil criminal breach of trust case linked to payments to the International Petroleum Investment Company (Ipic).
In his brief decision, Justice Muhammad Jamil Hussin said he allowed a notice of motion filed by Najib and Mohd Irwan's defence lawyers for the two to be given a DNAA on grounds that the prosecution did not comply with the Criminal Procedure Code (CPC).
He said there had been an "inordinate delay" in the case that began in 2018.
"The trial could not proceed despite hearing dates being fixed several times. This is an inordinate delay," Justice Muhammad Jamil said here on Wednesday (Nov 27).
The court noted that the prosecution failed to adhere to Section 51A of the CPC.
Section 51A requires the prosecution to provide the accused with certain documents before the commencement of a trial.
Justice Muhammad Jamil then made the order for both accused to be given a DNAA from all six charges.
"The DNAA order does not prejudice the prosecution's case. The prosecution could still re-charge them again," he said.
He also ordered for the bail money to be returned to the accused.
Najib and Mohd Irwan had each paid a RM1mil bail in the case.
Earlier, lawyers Tan Sri Muhammad Shafee Abdullah, who represented Najib, and Datuk Seri K. Kumaraendran, who represented Mohd Irwan, submitted on the inherent power by the court to grant DNAA when there was no application by the prosecution.
"This case has been going on for too long. It's been six years. I pray your lordship will conclude it today," Kumaraendran said.
The court had previously heard from the prosecution, led by Deputy Public Prosecutor Muhammad Saifuddin Hashim Musaimi, that the prosecution had no control over the declassification of confidential documents that would be used in the trial.
The documents involved are from Cabinet meetings, the Finance Ministry, the Natural Resources and Environmental Sustainability Ministry and the Transport Ministry.
On Oct 25, 2018, Najib, 71, and Mohd Irwan Serigar, 67, pleaded not guilty to six charges of CBT amounting to RM6.6bil in government funds involving payments to the Ipic.
Najib and Mohd Irwan were jointly accused of committing all the offences at the Finance Ministry Complex, Putrajaya between Dec 21, 2016, and Dec 18, 2017.
They were charged under Section 409 of the Penal Code read together with Section 34 of the same Code, which provides for a maximum of 20 years’ jail and whipping as well as a fine upon conviction.
