Najib can seek acquittal if RM27mil SRC case fails to proceed in September, says judge

KUALA LUMPUR: The High Court has stated that former Prime Minister Datuk Seri Najib Razak can make a case to have his money laundering case involving RM27mil of SRC International Sdn Bhd funds dropped if the prosecution is not prepared to proceed with the trial this September. Justice K. Muniandy has stated that the defense has the option to apply for a discharge and acquittal (DAA) or a discharge not amounting to an acquittal (DNAA) if the trial does not proceed.

The judge has vacated the previously fixed hearing dates and set new dates for a five-day hearing on Sept 17-19, 23 and 24 after Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah sought a DAA from the court. The defense asserts that the case has been ongoing for too long and that the prosecution’s difficulty in making a decision shows that the charge can be regarded as groundless, warranting an order of DAA.

DPP Mohd Ashrof Adrin Kamarul has objected to Muhammad Shafee’s request, stating that the prosecution was only seeking time to consider the representation sent by Najib to the Attorney General’s Chambers. He also stated that seeking another case management date is necessary and that he cannot agree to Muhammad Shafee’s request.

Muhammad Shafee, on the other hand, has stated that it would be a miscarriage of justice to delay the case further, suggesting that the least the court can do is DNAA. Justice Muniandy then said that the court would proceed with new hearing dates and the defense would be at liberty to apply for a DAA or a DNAA should the trial not begin.

On Feb 3, 2019, Najib claimed trial to three charges of money laundering, facing a maximum fine of RM5mil or imprisonment of up to five years, or both, if convicted.