A lawyer has urged the public not to "stigmatise" the discharge not amounting an acquittal (DNAA) granted to Najib Abdul Razak, asserting that the legal decision is in the interest of ensuring fairness to all parties concerned.
Haniff Khatri Abdulla asserted that the documents needed by the prosecution to make its case against the former prime minister were currently being used in separate court proceedings.
As such, he argued that the prosecutors for this case - concerning three money laundering charges against Najib involving RM27 million from SRC International Sdn Bhd - would likely have been unable to secure the necessary documents.
"The rakyat should not impose a negative stigma (on Najib's DNAA) as the main reason behind it is due to how the documents are currently being used in other criminal and civil trials involving SRC International.
"Legally, if the documents are being used as evidence in another case, this case cannot 'steal' or partially take the documents," Haniff said in a voice message today.
Considering the above, Haniff said the AGC itself should have applied for Najib to be granted a DNAA.
However, the legal practitioner theorised that the prosecution had opted against going down that route as they were "scared and worried" about the public's reaction.
"(If the prosecution had submitted for Najib's DNAA), the rakyat would have 'jumped', as in the case of the DNAA granted to (deputy prime minister (Ahmad Zahid Hamidi).
"(Zahid's DNAA) was wrongly given, but that doesn't mean all DNAAs are mistakenly granted," he added.
Saving court’s time
He stressed that Najib's DNAA is "fair" to all quarters, including the defence team, the court, and the defendant himself.
"(Najib) will not have to be dragged to court every month just for the case to be postponed, and the court will be able to allocate time to other cases.
"Once the other SRC International cases are completed and the documents can be released to the prosecution for this case, charges can be brought against (Najib) again," he added.
Earlier today, Kuala Lumpur High Court judge K Muniandy granted the conditional discharge after allowing Najib’s application for the DNAA.
A DNAA means the accused is temporarily discharged from the charges, but may still be prosecuted for the same offences in the future if the prosecution decides to reinstate them.
In his ruling, Muniandy noted that the case against Najib has been pending since 2019 without a single witness called.
Instead, it has been marked by persistent postponements, indicating that the prosecution - which has yet to procure and gather the necessary documentary proof to be used as evidence against the accused - is not prepared to proceed.
PKR MP Rafizi Ramli has since urged the prosecution to explain the weakness that led to the court granting Najib a DNAA, questioning why the prosecution had taken so long to prepare the necessary documents to proceed with the case.
Rafizi also called on the prosecution to confirm that the AGC will refile the charges as soon as possible and ensure that all documents are in order, so the case can proceed without further delay.
Najib has been serving his sentence at Kajang Prison since Aug 23, 2022, following his conviction for misappropriating RM42 million in funds belonging to SRC International as part of a separate court case. - Mkini
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