Shafee: Najib should be granted DNAA due to prolonged delay

New Straits Times

a day ago

KUALA LUMPUR: Tan Sri Muhammad Shafee Abdullah has called for a discharge not amounting to an acquittal (DNAA) for Datuk Seri Najib Razak over RM27 million money laundering charges linked to SRC International Bhd, citing prolonged uncertainty in the case.
Shafee, representing the former prime minister, made the submission after the Attorney-General's Chambers (A-GC) rejected a representation letter seeking to quash the three charges brought against Najib in 2019.
Deputy public prosecutor Mohd Ashrof Adrin Kamarul told the court that while the prosecution was ready to proceed with a full trial, more time was needed to sort out documents related to the case.
A DNAA means a person is released from the charges without being fully acquitted, allowing for future prosecution for the same offence.
However, Shafee countered by stating that a DNAA is the most appropriate course of action for now and the prosecution can resume the case once they have completed compiling the necessary documents and are fully prepared to proceed with trial.
"This case has been ongoing since 2019 and the delay now spans six years.
"Documents related to the first SRC case have already been circulated across various courts, including the Federal Court and in civil proceedings.
"The defence is proposing a DNAA to avoid overburdening the courts with documents and to give the prosecution time to prepare its case without prejudice.
"The accused should not be left waiting indefinitely for trial dates to be set. Justice demands clarity and certainty for both sides," he said before judge K. Muniandy today.
Earlier, Mohd Ashrof told the court that 807 exhibits had been tendered during the earlier SRC trial in the High Court, and many of them would be required in the money laundering case.
He said the prosecution would file a formal application to retrieve the documents from the High Court Registrar's Office, as they are currently under court custody.
"Retrieving the exhibits may take time, so we are seeking a later trial date to allow for document compilation and the preparation of witness statements.
"These documents are not readily accessible. The last time the prosecution had access to them was during the 2020 SRC trial, and we are unsure of their current whereabouts.
"While we are not ready to proceed immediately, we are committed to moving forward with the trial. The delay in retrieving documents alone does not justify a DNAA," he said.
The court then fixed June 20 to decide whether to grant a DNAA or to set trial dates.
On Feb 3, 2019, Najib claimed trial to three charges of money laundering involving RM27 million, allegedly received through his three AmPrivate Banking accounts at AmIslamic Bank Berhad, AmBank Group Building, Jalan Raja Chulan, on July 8, 2014.
He was charged 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.
The former Umno president is currently serving a jail term in Kajang Prison for misappropriating RM42 million in SRC International funds.
On Sept 2, 2022, he filed a petition for a royal pardon. On Jan 29 this year, the Pardons Board halved his jail sentence from 12 to six years and reduced his fine from RM210 million to RM50 million.