DNAA For Najib And Irwan In IPIC CBT Case

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Former Prime Minister Datuk Seri Najib Razak and former Treasury Secretary-General Tan Sri Mohd Irwan Serigar Abdullah were both handed a discharge not amounting to an acquittal (DNAA) by the Kuala Lumpur High Court regarding six charges of criminal breach of trust.

The six charges involve Malaysian government assets amounting to RM6.6 billion related to payments to the International Petroleum Investment Company (IPIC).

According to Berita Harian, High Court Judge Datuk Muhammad Jamil Hussin made the decision after the prosecution failed to submit hundreds of documents related to the trial to the defense team, despite the charges being filed since 2018.

These documents include Cabinet meeting records and documents from the Ministry of Finance, Ministry of Natural Resources and Environment, and Ministry of Transport.

Additionally, the DNAA decision was made after the judge allowed Najib and Mohd Irwan’s application submitted by their lawyers seeking a DNAA for their clients.

According to Muhammad Jamil in his brief decision, based on the facts and circumstances of this case, the court used its existing powers to order the first and second accused to be discharged not amounting to an acquittal from the six charges.

“My brief reasons are, firstly, the prosecution did not fully comply with the Criminal Procedure Code (CPC) and secondly, the DNAA order does not prejudice the prosecution’s case. The prosecution can charge both accused again.

“Thirdly, this case was registered in 2018 but the trial could not proceed despite several trial dates being set because the prosecution did not fully comply with the provisions of Section 51A of the CPC.

“This is an inordinate delay,” he said, ordering for the bail money to be returned to the guarantors.

On 25 October 2018, the former Pekan Member of Parliament and Mohd Irwan pleaded not guilty to all six charges.

They were accused of committing all the offences at the Ministry of Finance Complex in Putrajaya between 21 December 2016 and 18 December 2017.

Both accused were charged under Section 40 of the Penal Code read together with Section 34 of the same code.

If convicted, they could be sentenced to a maximum of 20 years in prison and whipping, and could also be fined.

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