'Najib can ask for DNAA or acquittal in Sept if no decision on representation'
The Kuala Lumpur High Court this morning told Najib Abdul Razak that he could apply for full acquittal or discharge not amounting to an acquittal (DNAA) in September if prosecutors are unable to decide by then on his representation to drop the RM27 million SRC International money laundering charges against him.
Judge K Muniandy then set five days in September for the full trial of the three SRC International money laundering charges against the former prime minister.
Muniandy made the ruling when deputy public prosecutor Mohd Ashrof Adrin Kamarul today sought a new mention date for the case for prosecutors to decide whether to allow Najib's representation to withdraw the criminal charges.
Previously, lead defence counsel Muhammad Shafee Abdullah told the criminal court that the three money laundering charges should be dropped as the case had hung over Najib's head like the sword of Damocles for nearly six years since 2018.
Today, upon hearing the prosecutor's bid for additional time to decide on the representation, Shafee reiterated his bid for the court to grant a full acquittal or DNAA to Najib.
Shafee reminded the court that the case has been delayed for so long and this has been exacerbated by prosecutors constantly needing more time to peruse the accused's representation.
The RM27 million SRC money laundering case is separate from the wrapped-up RM42 million SRC corruption case against Najib, which saw him convicted and imprisoned for 12 years since August 2022.
Shafee told the court that there have been too many mentions of the case since 2018, with 26 case managements conducted before then High Court judge Mohamed Zaini Mazlan (who was later elevated to the Court of Appeal), and four case management dates before the present trial judge Muniandy.
Lead defence counsel Muhammad Shafee Abdullah
"So, we can see the difficulty of the prosecution in making up their mind (over the representation) shows that the three charges can be regarded as groundless and therefore an order for DNAA is in order," the lawyer said if the court is not inclined to allow a full acquittal.
March 12 for further mention
Ashrof objected to Shafee's bid for full acquittal or DNAA, telling the court that the DPP has been instructed to seek further case management to allow more time for prosecutors to go through Najib's representation.
Muniandy then set five days for trial, from Sept 17 to 19, as well as Sept 23 and 24, telling Najib's lawyers that they could raise the full acquittal or DNAA bids again on those dates if prosecutors have still not made up their minds.
The judge also set March 12 for further mention of the case.
On Feb 3, 2019, before the criminal court, Najib pleaded not guilty to three laundering money charges that involved the alleged accepting of proceeds from illegal activities amounting to RM27 million, via his three bank accounts.
He was accused of committing the offence at AmIslamic Bank, Ambank Group Building, No 55, Jalan Raja Chulan on July 8, 2014.
The charge was framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla).
He faces a maximum fine of RM5 million, imprisonment of up to five years, or both if convicted.
The RM27 million SRC International money laundering case against Najib has been postponed several times since 2019 due to the accused’s other criminal cases.
"So, we can see the difficulty of the prosecution in making up their mind (over the representation) shows that the three charges can be regarded as groundless and therefore an order for DNAA is in order," the lawyer said if the court is not inclined to allow a full acquittal.
March 12 for further mention
Ashrof objected to Shafee's bid for full acquittal or DNAA, telling the court that the DPP has been instructed to seek further case management to allow more time for prosecutors to go through Najib's representation.
Muniandy then set five days for trial, from Sept 17 to 19, as well as Sept 23 and 24, telling Najib's lawyers that they could raise the full acquittal or DNAA bids again on those dates if prosecutors have still not made up their minds.
The judge also set March 12 for further mention of the case.
On Feb 3, 2019, before the criminal court, Najib pleaded not guilty to three laundering money charges that involved the alleged accepting of proceeds from illegal activities amounting to RM27 million, via his three bank accounts.
He was accused of committing the offence at AmIslamic Bank, Ambank Group Building, No 55, Jalan Raja Chulan on July 8, 2014.
The charge was framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla).
He faces a maximum fine of RM5 million, imprisonment of up to five years, or both if convicted.
The RM27 million SRC International money laundering case against Najib has been postponed several times since 2019 due to the accused’s other criminal cases.
Yes, natural justice requires that if a person is charged and years pass without the Prosecution actually moving the trial , the accused has a right to demand the trial either proceed or be vacated.
ReplyDeleteHere, I wonder whether Malaysia's untrustworthy, politicised AGC is deliberately "throwing" the trial.