AGC urged to review, reinstate CBT charges against Najib, Irwan

The Attorney-General’s Chambers (AGC) has been urged to address the issue of procuring classified documents in former premier Najib Abdul Razak and former treasury secretary-general Mohd Irwan Serigar Abdullah’s criminal breach of trust case and to reinstate charges against the two.

This followed yesterday’s court decision to grant Najib and Irwan a discharge not amounting to an acquittal (DNAA), which resulted from the prosecution’s failure to hand over several classified documents crucial to the two accused to prepare their defence.

In a statement, the Center to Combat Corruption and Cronyism (C4 Center) also called for Putrajaya to amend the Official Secrets Act and remove its arbitrary power to classify documents as secret.

“The granting of a DNAA to Najib and Irwan in relation to the alleged abuse of RM6.6 billion in public funds - on the basis that the prosecution was unable to provide documents to the defence - is a major blow to public trust in the AGC.

“Recently appointed Attorney-General Mohd Dusuki Mokhtar must take responsibility to rebuild public trust in the legal process and ensure that public interest concerns are taken seriously.

“Thus, C4 Center urges that the AGC immediately address the issues relating to the procurement of evidence, and if obtained, reinstate the charges,” the statement read.

Adding further, the anti-corruption group also called for Putrajaya to expedite the separation of the offices of the attorney-general and public prosecutor.

DNAA granted

Yesterday, the Kuala Lumpur High Court allowed the defence teams’ DNAA bid over six CBT charges involving RM6.6 billion.

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

High Court judge Muhammad Jamil Hussin in his judgment yesterday pointed out that the prosecution failed to abide by the requirements of Section 51A of the Criminal Procedure Code.

READ MORE: KINIGUIDE | Najib, Irwan's DNAA in RM6.6b IPIC criminal breach of trust case

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.

Huge amount of money

Similarly, Kepong MP Lim Lip Eng also raised his concerns over the DNAA order and called for the AGC to review their case against Najib and Irwan.

He said the case involved a huge amount of taxpayers’ money and the AGC has the responsibility to ensure justice is served without delay.

“The AGC has to review this case and if they find strong evidence, Najib and Irwan must be charged again without further delay.

“This is important to make sure justice is served in a transparent and fair manner.

“All important documents needed for their prosecution must be prepared in full and presented thoroughly so that the trial can be held without any technical issue or hindrance.”

Lim added that the case was a test of the country’s commitment towards upholding the principle of rule of law, justice and accountability.

Public trust impacted

The CSO Platform for Reform Steering Committee lamented the turn of events, adding it would undermine public trust in the criminal justice system.

“When the prosecution fails to present a credible and well-prepared case, it undermines public trust in the criminal justice system and risks the perception that justice is unattainable.

“The fault in such cases lies squarely with the prosecution, not the judiciary, which has a constitutional duty to deliver judgments based on the evidence before it,” it said in a statement.

Therefore, it urged Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said to prioritise and chart a clear path towards separating the powers of the attorney-general and public prosecutor.

“The government must ensure this reform is implemented by 2025 to restore public confidence in the justice system and ensure that justice is both served and seen to be served.”

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