DNAA: Minister can remove OSA status for documents, says Pejuang

Pejuang information chief Rafique Rashid Ali has pointed out that under the law, the minister is empowered to remove the “official secret” status for classified documents.

He raised this in response to the Kuala Lumpur High Court granting former premier Najib Abdul Razak and former treasury secretary-general Mohd Irwan Serigar Abdullah a discharge not amounting to an acquittal (DNAA) over six criminal breach of trust (CBT) charges involving RM6.6 billion.

This was after the prosecution failed to hand over several classified documents crucial for the two accused to prepare their defence.

In a statement this evening, Rafique said fingers should not be pointed at the court for the decision.

“Most of these documents are stamped as ‘classified’. They cannot be used unless their ‘official secret’ status is removed.

“The government holds the authority to impose or remove the ‘official secret’ stamp. Who forms the government now?” he asked.

Rafique noted that among the documents stamped as “official secret” with regard to this case were minutes of cabinet meetings and those of the Finance Ministry.

“Who is the current minister?” he asked in reference to Prime Minister Anwar Ibrahim, who also holds the finance portfolio.

Rafique pointed out that Section 2C of the Official Secrets Act 1972 (Act 88) is clear that the power to remove the “official secret” status of documents lies with the minister.

“Why has the government not acted?” he asked.

“What is so secretive? The courts can only decide on what is presented before them,” he added.

Rafique has demanded that the attorney-general answer to Parliament regarding this matter.

“Do not use the excuse that DNAA allows for re-prosecution. Six years wasted. Who will be next, and how much longer will be wasted?

“How much longer will the people be deceived?” he asked.

The criminal case has been longstanding since Najib and Irwan were first charged before the Kuala Lumpur Sessions Court on Oct 25, 2018. The case was later transferred to the High Court.

The CBT criminal case against Najib and Irwan is linked to alleged payments of RM6,636,065,000 in government funds to the International Petroleum Investment Company (IPIC), a sovereign wealth fund in Abu Dhabi.

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