Najib Abdul Razak's legal team said the RM27 million SRC International money laundering case has been hanging over the former prime minister's head like the sword of Damocles for four years since 2019.
Muhammad Shafee Abdullah told the Kuala Lumpur High Court today this necessitated the granting of a discharge not amounting to an acquittal (DNAA), due to the three money laundering charges not even going to trial yet.
The counsel told judge K Muniandy that while the RM27 million SRC money laundering case was still pending, Najib's RM42 million SRC corruption case has already concluded, with the former finance minister now serving a 12-year jail sentence since late last year.
The RM42 million SRC graft case involves seven charges, namely one for abuse of power, three counts of criminal breach of trust (CBT) and three money laundering counts.
The still ongoing RM27 million SRC case involves three counts of money laundering.
"In order not to prejudice the prosecution and the accused, I urge for a discharge not amounting to an acquittal be allowed as the case is not even proceeding.
"If prosecutors make a different decision later, this case can then be brought back to court (for Najib to be re-charged as DNAA permits this, unlike a full acquittal).
"So there is no prejudice to the prosecution and our client. This case has been hanging over his (Najib) head like the sword of Damocles for the past four years," Shafee (above) said as Najib looked on from the dock.
The DPP pointed out that the RM27 million SRC case was previously allowed by the criminal court to be stayed, pending disposal of the RM42 million SRC case against Najib.
Ashrof pointed out that the Federal Court in August last year had already upheld the 12-year jail sentence and RM210 million fine against Najib, but that the accused then sought a separate Federal Court bench to review this ruling.
The DPP said that if not for this Federal Court review bid - which was dismissed in March this year - the RM27 million SRC case against Najib could have already gone for trial earlier this year.
High public interest
When Muniandy asked why the AGC is slow in considering Najib's representation over the RM27 million SRC case, Ashrof pointed out that the former premier is a person of high public interest who faces multiple separate criminal court cases.
Najib also has a pending RM6.6 billion International Petroleum Investment Company (IPIC) CBT case (which has yet to go for full trial), and the ongoing full trial of the RM2.27 billion 1MDB corruption case.
However, Shafee then countered, saying the court should just grant a DNAA to Najib for the RM27 million SRC case as the accused has multiple different other criminal court cases.
"My client is the first in the history of Malaysia to face charges from every direction and every court," Shafee pointed out.
Previously, the Kuala Lumpur High Court had also granted a full acquittal to Najib for the 1MDB audit report tampering case. However, the prosecution has an appeal against this at the Court of Appeal.
Muniandy then set Jan 19 next year for final mention of the case, reminding the prosecutors to make up their minds by then on whether to review the RM27 million SRC case against Najib.
Under the law, a letter of representation is a method for an accused to seek prosecutors to review the criminal case against him, such as dropping the charges or for the accused to plead guilty to a lesser charge.
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 various other criminal cases. - Mkini
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