DNAA: Najib returns to prison, but still 'very happy'

Summary

• Ex-PM Najib Abdul Razak is "very happy" after receiving a DNAA in a money laundering case linked to SRC International.

• His lawyer Shafee Abdullah cites the prosecution's repeated delays and inability to confirm when it could obtain over 500 key documents as reasons for the DNAA.

• Shafee also argues that the charges should have been part of the initial SRC trial.

Former premier Najib Abdul Razak is "very happy" about the discharge not amounting to an acquittal (DNAA) granted in his SRC International Sdn Bhd money laundering case, despite having to return to prison.

According to his lawyer Shafee Abdullah, Najib is happy because the number of cases he is facing has decreased.

"He's very happy. Now he can concentrate on 1MDB alone," Shafee (above) told a press conference outside the Kuala Lumpur High Court this morning.

Earlier, High Court judge K Muniandy stated that the DNAA, which temporarily drops the charges, does not prejudice the prosecution as they remain free to refile charges against Najib when ready.

On Feb 3, 2019, Najib, 72, was charged with three counts of receiving RM27 million in proceeds from unlawful activities through three AmPrivate Banking accounts under his name at AmIslamic Bank Berhad, located in the Ambank Group building on Jalan Raja Chulan, on July 8, 2014.

The charges were framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a maximum penalty of five years’ imprisonment, a fine of up to RM5 million, or both.

Najib is serving his sentence at Kajang Prison since Aug 23, 2022, following his conviction for misappropriating RM42 million in funds belonging to SRC International.

Enough prejudice

During the press conference, Shafee said the DNAA granted in this case would allow Najib to be recharged when the prosecution is ready.

"But we hope they don't because there is enough prejudice on Najib.

"We implore the attorney-general to use his good office to close this file for good," he added.

Shafee cited the prosecutor’s lack of preparedness as one of the reasons for the judge granting a DNAA.

The case had faced several delays due to postponements requested by the prosecuting team to collect more than 500 documents essential to the case, he said.

"So when the judge asked last May, is it possible that these documents can be obtained as soon as possible and by when?

"The public prosecutor honestly said that they cannot give a commitment because they themselves do not know.

"So that is one of the reasons that the judge considered that this case would not proceed in a short time. It cannot (proceed), must delay again.

"Based on all of this, the judge decided that the fairest thing was to grant a DNAA because the DNAA would not prejudice the prosecution.

"In fact, it would uphold justice because the accused would not have to wait with the sword of Damocles hanging over his head," Shafee said.

He opined that the three money laundering charges should have been done together with the first SRC International case, as Anti-Money Laundering Act (Amla) charges cannot stand on their own.

Besides that, he elaborated on the police report he lodged on Najib's behalf on Monday (June 16) against former attorney-general Ahmad Terrirudin Salleh over the royal addendum.

The prison had no issues in allowing Najib to lodge the report himself, but permission was needed from the authority - Home Minister Saifuddin Nasution Ismail - which was not granted, Shafee said.

"We wrote many times to him (Saifuddin) but did not receive a response from the minister.

"Not the prison, the prison said it had no objections if the minister said it was alright," he said.

The former premier had accused Terrirudin of “deliberately” misleading the High Court by submitting that the royal addendum’s existence was merely speculative.

Contempt suit against ex-AG

Last month, Najib filed an application citing Terrirudin for contempt, with Shafee saying the then-attorney-general had direct knowledge of the order by Sultan Abdullah Sultan Ahmad Shah.

The issue revolves around a supplementary royal decree reportedly issued on Jan 29 last year that permitted the incarcerated Najib to serve the remainder of his jail sentence under house arrest.

Terrirudin was the attorney-general when the Pardons Board met last year and decided to give Najib a discount on his jail time and fine in relation to the SRC International corruption case.

Najib is relying on the existence of the royal addendum to back his civil court bid to compel the Home Ministry and the Prison Department to execute the house arrest.

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