[UPDATED] Najib walks free but not cleared in RM27mil SRC 2.0 case [WATCH]
KUALA LUMPUR: Former Prime Minister Datuk Seri Najib Razak has been granted a discharge not amounting to an acquittal (DNAA) over three money laundering charges involving RM27 million linked to SRC International Bhd.
High Court Judge K. Muniandy issued the ruling today after the prosecution failed to furnish the defence with hundreds of documents related to the trial, despite the charges being filed as early as 2019.
DNAA is when a court releases a person from charges without fully clearing them, meaning they can still be prosecuted for the same offense later.
Muniandy, when reading his judgment, said the prosecution failed to show that they can proceed with the trial in the near future as documents necessary to support the charges have yet to be procured, gathered, and served on the defence.
The court said the deputy public prosecutor also confirmed that the prosecution would not be prejudiced if a DNAA were granted, as they can pursue the case once they are ready.
"This case against the accused person has been pending in this court for a period of six years since the year 2019 and not an iota of witness testimony has been pursued with but only a plethora of postponements indicating that the prosecution is not ready with the prosecution of the case.
"Once the accused is charged in court, the charge cannot be hanging over his head for an indeterminate or indefinite period. That would be harsh and illegal.
"There is nothing to show that the prosecution able to proceed with the case for the time being or proceed within a reasonable time.
"Thus, it is unlikely that the case could be prosecuted expeditiously in the short future.," he said.
Muniandy said once the accused is charged in court, he is entitled to due process of the law and must be accorded access to swift justice.
"The process of the court is abused by the myriads of postponements and the case is still in the court system waiting to be disposed since 2019 when the court is ever ready to hear and determine the case in its entirely.
"This court is also mindful of the prevailing fact that the preferred charges against the accused dates to offences alleged to have been committed in 2014, now it is 2025, and the case has not taken off for trial.
"By virtue of those factors, the most appropriate order is for this court to discharge the accused person without acquitting him, so that he is not saddled with the charges preferred against him.
"There is no prejudice to the prosecution with the discharge which in common parlance is referred to as DNAA, as it could still pursue with the case once it is ready to do," he added.
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.
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