Najib DNAA: Time for the attorney general to act and deliver reform — Dzulkifli Ahmad
JUNE 21 — The recent decision by the High Court to grant a discharge not amounting to acquittal (DNAA) to Dato' Seri Najib Razak in the SRC International money laundering case has reignited urgent concerns over the integrity, professionalism and accountability of prosecutorial decisions in Malaysia.
The charges, filed in 2019 under then attorney general Tan Sri Tommy Thomas, involved RM27 million under the Anti-Money Laundering Act (AMLA). Yet, as of 2025, the prosecution has acknowledged that it is still not ready to proceed. This is more than a delay — it is a failure of prosecutorial governance that demands immediate reform.
Why this matters
1. Why charge if the case isn't ready?Prosecutions should only be brought forward when sufficient, admissible evidence is available and the prosecution is trial-ready. Anything less violates due process and undermines public trust in the legal system.
2. What happened under two successive attorneys general?Under the tenure of Tan Sri Idrus Harun and Tan Sri Ahmad Terriruddin Mohd Salleh, the case stalled with no meaningful review or resolution, pointing to a breakdown in internal accountability.
3. Does this violate constitutional rights?Yes. The prolonged delay infringes Article 5(1) — the right to a fair and expeditious trial — and Article 8(1) of the Federal Constitution, which guarantees equality before the law. Selective delays and prolonged inaction are constitutionally indefensible.
4. What does a DNAA mean?A DNAA is neither an acquittal nor a conviction — it suspends proceedings indefinitely, leaving both the accused and the public in legal and moral limbo, without resolution or closure.
Lawyer,Tan Sri Muhammad Shafee Abdullah speaks to reporters on his client Datuk Seri Najib Razak's DNAA at the Kuala Lumpur High Court Complex on June 20,2025. — Picture by Yusof Mat Isa
What must be done
Under the leadership of Tan Sri Mohd Dusuki Mokhtar, the Attorney General's Chambers (AGC) must take bold, decisive steps to restore institutional credibility and uphold the rule of law:
Ensure all future charges are based on sufficient, admissible evidence and are trial-ready from the outset.
Institutionalise internal review mechanisms to monitor and resolve long-pending or high-profile cases.
Drive critical reform: separate the roles of attorney general and public prosecutor to eliminate conflicts of interest and strengthen prosecutorial independence.
A justice system that works — not one that waits
Justice cannot be charged today, delayed for years, and then justified later. For public confidence in the legal system to be sustained, justice must be transparent, efficient and independent. Malaysia cannot afford a justice system where high-profile cases are charged for headlines but never tried in court.
This is not the time for institutional silence. This is the time for action.
Reform must begin with a professional, principled and prepared prosecutorial authority — and the attorney general must lead that charge without fear or favour.
* Tan Sri Dzulkifli Ahmad was a former Malaysian Anti-Corruption Commission (MACC) chief commissioner.
** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Malay Mail
20 minutes ago
- Malay Mail
Musa Aman: Integrity must guide all levels of Sabah's administration as 60 honoured at state ceremony
KOTA KINABALU, June 21 — Integrity must be upheld across all levels of administration and leadership in Sabah to maintain public trust in government institutions, said Yang Dipertua Negeri Tun Musa Aman. He said it is his aspiration to see the state governed with integrity, accountability and wisdom, supported by sustainable development plans that prioritise the people's well-being. 'I believe with strong leadership and the support of the people, Sabah will continue to grow and prosper,' he said in a special address in conjunction with his 74th official birthday here today. He delivered the address at the 2025 Sabah Investiture Ceremony at Istana Seri Kinabalu, where 60 individuals received state awards, medals and honours. Also present were Chief Minister Datuk Seri Hajiji Noor and other state leaders. Tun Musa emphasised the need to strengthen development efforts to ensure sustainable and inclusive progress, through close cooperation between the government and the people. He also stressed the importance of addressing global challenges through progressive approaches, including the promotion of technological innovation, development of quality human capital, and the building of a resilient economy 'Building a dynamic and competitive society is crucial to ensuring the long-term sustainability of the state's development,' he said. He further called for continued unity among the people, describing it as the foundation for peace and progress in Sabah. Tun Musa also commended Chief Minister Datuk Seri Hajiji Noor and his Cabinet for their commitment to advancing the state in line with a more inclusive and sustainable development agenda. Sabah Rural Development Minister Datuk Jahid Jahim led today's honours list after being conferred the Seri Panglima Darjah Kinabalu (SPDK), which carries the title 'Datuk Seri Panglima'. Businessmen Datuk Ahmad Fuad Md Ali and Datuk Albert Lim Yu Ming were also awarded the SPDK. A total of 37 individuals received the Panglima Gemilang Darjah Kinabalu (PGDK), which confers the title 'Datuk'. Among the recipients were Deputy Minister of Domestic Trade and Cost of Living Dr Fuziah Salleh and Kapayan assemblyman Jannie Lasimbang. Other PGDK recipients included Senator Anna Bell@Suzieana Perian, Sabah Parks director Dr Maklarin Lakim, Amanah Sabah chairman Lahirul Latigu, Kota Kinabalu High Court Judge Alexander Siew How Wai, Sabah Special Branch chief SAC Abdul Rahman Ishak, State Health director Dr Maria Suleiman, and veteran journalist Emin Madi of Malaysian National News Agency (Bernama) Sabah Bureau. The first session of the investiture ceremony also saw five individuals receiving the Ahli Setia Darjah Kinabalu (ASDK), four each receiving the Ahli Darjah Kinabalu (ADK) and Bintang Setia Kinabalu (BSK), and six receiving the Justice of the Peace (JP) title. Earlier, Musa, accompanied by his wife Toh Puan Faridah Tussin, attended the parade held in conjunction with the official birthday celebration of the Yang Dipertua Negeri of Sabah at Padang Merdeka. — Bernama
Malay Mail
37 minutes ago
- Malay Mail
Rukun Tetangga turns 50 with fresh focus on youth, unity and volunteerism, says deputy unity minister
CHUKAI, June 21 — The National Unity Ministry is implementing various initiatives to boost youth participation in Rukun Tetangga (RT) activities, said Deputy Minister K. Saraswathy. She said this includes introducing the Progressive Rukun Tetangga Area (KRT) concept, which involves community-based economic projects aimed at increasing household income, particularly among young people. 'This year marks the 50th anniversary of RT. What started as a community safety team has now grown to include initiatives such as the Unity Squad and patrol units, among others. 'Therefore, we are encouraging more young people to join RT so they can play an active role within their communities,' she told reporters after officiating the Terengganu-level Unity Week celebration at Arena Square here today. Also present was state Welfare, Women's Development, Family and National Unity Committee chairman Maliaman Kassim. Saraswathy said there are currently 8,565 KRT nationwide, including more than 500 in Terengganu, serving as the backbone of the government's efforts to foster community unity. She said this reflects the growing spirit of volunteerism and consensus among Malaysians. 'RTs also play an important role in addressing issues or tensions within communities, including incidents that go viral on social media. They consistently work together with authorities such as the Royal Malaysia Police to help defuse such situations,' she said. — Bernama
Malaysiakini
an hour ago
- Malaysiakini
Why charge Najib if not ready, Puad questions AGC's credibility
Umno supreme council member Puad Zarkashi questioned the Attorney-General's Chambers' credibility following the High Court's decision to grant former prime minister Najib Abdul Razak a discharge not amounting to an acquittal (DNAA). 'Why did the three attorney-generals charge Najib if they were not ready. Where is the AGC's credibility? 'Six years through three AGs.
