The Kuala Lumpur High Court has granted former spy chief Hasanah Abdul Hamid a full acquittal in a US$12.1 million (RM50.4 million) criminal breach of trust (CBT) case involving funds from the government.

Judicial commissioner Roz Mawar Rozain delivered the decision in relation to Hasanah’s bid against the court's decision in April last year which granted her a discharge not amounting to an acquittal (DNAA).

Under the law, an accused granted a DNAA may still be charged for the same offence in future.

However, the judge ruled today that it was “not fair” to have the DNAA looming over Hasanah for over a year, adding that justice was not served that way.

The prosecution, which consisted of DPPs Mohd Fairuz Johari and Mohammed Fakhrurrazi Ahmad Salim, did not challenge Hasanah’s application for a full acquittal.

Hasanah was represented by a team of lawyers Suhaimi Ibrahim, Hamdan Hamzah, Muhammad Ashraff Mohd Diah, Izwan Ariff Ibrahim, Nurfaida Mohd Rashidee and Mona Anak Lubon.

On Oct 25, 2018, Hasanah, 63, claimed trial for one count of CBT amounting to US$12.1 million in government funds when she was serving as then director-general of the Prime Minister’s Department Research Division.

She was accused of committing the offence at the office of the Research Division in the Prime Minister’s Department in Putrajaya between April 30 and May 9, 2018.

Hasanah was charged under Section 409 of the Penal Code, which stipulated a maximum of 20 years jail, whipping and a fine.

In April last year, however, justice Ahmad Shahrir Mohd Salleh granted a DNAA due to the prosecution’s assertion about a new development in the case.

In her ruling today, Roz noted that Shahrir was legally right in granting the DNAA as there was a likelihood of recharging Hasanah based on the evidence at that point in time.

Following last year’s ruling, Hasanah went to MACC to reclaim cash that was seized by the commission in 2018 during its investigation against her but found RM25 million missing.

The case came to light when a blog called Edisi Siasat published an article claiming that police were afraid to act on Hasanah’s police report. It said that Hasanah went to retrieve her money but only found a portion of the cash was left, and the rest had been replaced with fake notes.

However, the police denied receiving a report on the matter.

On the same day, MACC issued a statement that the commission had detained three of its officers over the missing cash.

It was then reported in the same month (September 2021) that the MACC announced it had concluded the investigation into the missing RM25 million and handed the missing investigation paper (IP) to the Attorney-General’s Chambers for further action.

Berita Harian reported this July that the MACC was still investigating its probe into Hasanah for CBT, but it was experiencing some delays due to its separate investigation into the misappropriation of cash evidence linked to Hasanah’s case.