No DNAA for Najib, Irwan in RM6.6b IPIC CBT case

Former premier Najib Abdul Razak and former treasury secretary-general Mohd Irwan Serigar Abdullah have failed to obtain a discharge not amounting to an acquittal (DNAA) over six criminal breach of trust (CBT) charges involving RM6.6 billion.

The Kuala Lumpur High Court this morning denied the defence team’s bid after the prosecution informed they still had not managed to secure the declassification of troves of trial documents.

However, judge Muhammad Jamil Hussin allowed the vacating of several trial dates and for the trial to resume on Nov 14, so that prosecutors can get three ministries to declassify the documents and hand them to the defence teams.

Previously, the court allowed several adjournments as the defence teams had yet to receive the documents required for the two accused’s defence.

Lawyers Muhammad Farhan Muhammad Shafee and K Kumaraendran, acting for Najib and Irwan, sought the DNAA as the prosecution had yet to give the documents since the duo were charged in May 2018.

The counsel pointed out that the prosecution only tried to serve some of the documents late Friday afternoon between 5.45pm and 6pm, when the law offices had already closed.

The delay resulted in no time to discuss their legal strategy with the two accused, the lawyers added.

“What bothers me is that the prosecution mentioned in 2020 that they were ready to proceed with trial, but there had been no attempt to declassify the documents over the last several years.

“They give bits and pieces instead of being fair to my client. In the interest of justice, we seek a DNAA,” Kumaraendran said.

Farhan echoed the same sentiment for a DNAA, adding that the prosecution can always recharge Najib and Irwan when they are ready with the declassified documents.

‘Hasten declassification’

However, deputy public prosecutor Muhammad Saifuddin Hashim Musaimi objected to the DNAA bid, pointing out that the trial can still proceed with less important witnesses who do not rely on these documents classified under the Official Secrets Act 1972.

Jamil then denied the DNAA bid, and at the same time ordered the prosecution to hasten the relevant ministries and cabinet to declassify the documents to be shared with the defence teams.

These three ministries are the Economy Ministry, the Natural Resources and Environmental Sustainability Ministry, and the Transport Ministry.

The judge noted that the trial could not proceed today as the defence had not been furnished with this documentation as required under the MACC Act 2009.

Jamil vacated all trial dates except Nov 14.

“This is the final date. No more postponement,” he informed both the prosecution and defence.

The charges

The criminal case against Najib and Irwan is linked to alleged payments of RM6,636,065,000 of government funds to the International Petroleum Investment Company (IPIC).

On Oct 25, 2018, before the Sessions Court, Najib and Irwan pleaded not guilty to the six CBT counts. The matter was later transferred to the High Court.

Najib and Irwan allegedly committed all the offences at the Finance Ministry Complex in Putrajaya between Dec 21, 2016, and Dec 18, 2017.

They were charged under Section 409 of the Penal Code, read together with Section 34 of the same code, which carries a maximum jail term of 20 years, whipping, and a fine.

However, since the duo are above 50, they would be spared whipping if convicted.

On the first count, Najib, 70, and Irwan, 67, were jointly charged - in their capacity as finance minister and Treasury secretary-general entrusted with RM1.2 billion belonging to the government - with committing CBT of the funds.

For the second count, they were jointly charged - in the same capacity - with committing CBT of RM655 million belonging to the government.

On the third charge, they were jointly accused - in their capacity as public servants and holding the same positions - of committing CBT of RM220 million belonging to the government in Federal Consolidated Fund under “Belanja Mengurus di Bawah Maksud B11 Perkhidmatan Am Perbendaharaan, Aktiviti 021700 KL International Airport Berhad” that were entrusted to them.

The duo were also jointly charged with CBT of RM1.3 billion, which was entrusted to them by the Federal Consolidated Fund under “Maksud B11 Perkhidmatan Am Perbendaharaan, Aktiviti 020500 Subsidi Dan Bantuan Tunai”, belonging to the government.

On the fifth and sixth counts, they were jointly charged with committing CBT of CN¥1,950,000,000 (RM1,261,065,000) and RM2 billion, respectively, that belonged to the government.

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