Six months ago, Najib Abdul Razak was granted a discharge not amounting to an acquittal (DNAA) over three money laundering charges involving RM27 million from SRC International.
The case had been pending since 2019 without any developments. The Attorney-General’s Chambers said it could not move forward because documents were tied up by the 1MDB trial.
A DNAA means that the accused can be charged again for the same crime. With the 1MDB trial at the High Court now concluded, a window is open for prosecutors to restart the RM27 million money laundering case.
He was originally charged with three counts of receiving RM27 million in proceeds from unlawful activities through three AmPrivate Banking accounts under his name at AmIslamic Bank Berhad, located in the Ambank Group building on Jalan Raja Chulan, on July 8, 2014.
The case is separate from the RM42 million SRC International case, for which Najib is currently serving jail time.
‘AGC must seize opportunity’
Speaking to Malaysiakini, lawyer Samantha Chong said that while Najib will likely appeal his conviction in the 1MDB trial, prosecutors can still apply to the courts for the relevant documents to be used in the RM27 million money laundering case.
She noted that since 2020, the Court of Appeal has undergone a digitalisation process that shifted the use of documents from hard copies to soft copies.
Meanwhile, Projek Sama co-founder Wong Chin Huat said the Attorney-General’s Chambers (AGC) must seize the opportunity to re-charge Najib on the second SRC International case.
“If the AGC fails to do it, it might be seen as deliberately wanting to allow Najib to convert his DNAA to a discharge amounting to an acquittal (DAA),” he said.
Prolonged delays to reopen a DNAA case open the opportunity for defendants to file to change their status to a DAA.
Wong said the buck to ensure Najib gets charged again stops at Prime Minister Anwar Ibrahim, not the attorney-general.
He added that the same must be done for another case where Najib received a DNAA.
Previously, Najib and former Treasury secretary-general Irwan Serigar Abdullah were jointly charged with criminal breach of trust (CBT) involving RM6.6 billion in payments to the International Petroleum Investment Company (IPIC) in 2018.
They were then granted DNAAs on Nov 27 last year.
‘Zahid must also face the music’
Similarly, lawyer Latheefa Koya told Malaysiakini that once the 1MDB documents become available, the AGC has an obligation to institute a fresh case against Najib, while also proceeding with prosecution against Deputy Prime Minister Ahmad Zahid Hamidi.
“If the AGC only proceeds to prosecute Najib’s DNAA case and allow Zahid to go scot-free, that will be a gross and blatant abuse of power by the AG and government and will lead to the collapse of public and investor confidence.
“The priority now is Zahid’s DNAA case, because Najib is already in jail under a long-term sentence. The government has no choice; they must prosecute Zahid or admit they are guilty of abuse of power,” she said.
In 2023, Zahid was granted a DNAA over 47 charges of criminal breach of trust, corruption, and money laundering involving Yayasan Akalbudi funds in 2023.
On Friday, Najib was found guilty of all 25 charges levelled against him in the 1MDB case.
Judge Collin Lawrence Sequerah had sentenced the former prime minister to 15 years in jail and an RM11.38 billion fine.
If he can’t pay the fine, he will have to serve another 10 years in jail. - Mkini
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