18 VIPs granted DNAA since 2017, says Azalina

Summary

• Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said says 18 VIPs were granted a discharge not amounting to an acquittal (DNAA) between 2017 and 2024.’

• Ministry’s statistics show the highest number of DNAAs were given in 2020 and 2023, at five each.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said said the Attorney-General’s Chambers granted 18 VIPs a discharge not amounting to an acquittal (DNAA) between 2017 and 2024.

“The decision is made based on the provisions under Article 145(3) of the Federal Constitution which allows the attorney-general to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah Court, a native court, or a court martial.

“Using the provision, the attorney-general uses his discretion based on the statements given by the enforcement agencies, recent developments and new statements which come by when a trial is ongoing,” she said in a written reply to Parliament.

Azalina did not specify the VIPs who were granted the DNAAs.

However, she pointed out that based on the circular issued by the chief registrar in 2012 involving high-profile cases, those under the VIP category include rulers, governors, their close relatives, ministers, state executive councillors, MPs and judges, among others.

Based on the chart provided by Azalina, the highest number of DNAAs were given in 2020 and 2023, at five each.

It should be noted that in 2020, the Pakatan Harapan government administered Malaysia until the Sheraton Move in February triggered its ouster – leaving Perikatan Nasional in charge.

As for 2023, the nation has been led by the coalition government led by Prime Minister Anwar Ibrahim.

Among the high-profile VIPs who were granted DNNAs include Deputy Prime Minister Ahmad Zahid Hamidi, former Najib Abdul Razak and former treasury secretary-general Mohd Irwan Serigar Abdullah.

Najib and Irwan were granted a DNAA over six criminal breach of trust charges involving RM6.6 billion.

Transparency

On that note, Azalina said to ensure transparency in the process of granting DNAA, the government is embarking on reforms involving the many systems involving the judiciary in terms of legislation, communications or existing procedures.

“As such, we have embarked on a strategic partnership with local universities to conduct studies on existing legislation before making any proposals for improvements,” she added.

It should be noted that under existing laws, the power to grant DNAA lies solely with the attorney-general, not the judiciary.

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