We had 'no other choice', AGC says over Najib’s DNAA

Summary

• The Attorney-General's Chambers says they “did not have any other choice” but to await the conclusion of Najib's 1MDB and the first SRC International trials, before it could use the overlapping documents required for the second SRC International case.

• This comes after the former PM was granted a DNAA over the case.

• AGC also dismissed accusations of “flawed prosecution”, adding they had always acted professionally.

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The Attorney-General's Chambers (AGC) said it "did not have any other choice" but to await the conclusion of Najib Abdul Razak's 1MDB and the first SRC International trials, before it could use the overlapping documents required for the second SRC International case.

The agency emphasised the necessity of securing the required documents as evidence, explaining that since these were also material evidence in the first SRC International and 1MDB trials, they had no choice but to wait until those cases concluded, as only then could they use the documents for the current SRC International trial.

"The application for adjournment made by the prosecution was because the first SRC trial was still ongoing at that point in time in the High Court, Court of Appeal and the Federal Court, until fully completed on March 31, 2023.

"At the same time, the trial for the 1MDB case had also started while the first SRC case was still not completed. Both cases involved the use of some of the material documents, which would also be used in the second SRC trial.

"Since the relevant documents are material for the second SRC trial, the prosecution had no other choice, except to wait till the relevant material documents were obtained, which is until the end of the 1MDB trial," the AGC said in a statement posted on its Facebook page a short while ago.

Earlier today, Kuala Lumpur High Court judge K Muniandy granted a discharge not amounting to an acquittal (DNAA) over three money laundering charges involving the RM27 million from SRC International.

In his ruling, Muniandy noted that the case against Najib has been pending since 2019 without a single witness called.

Instead, it has been marked by persistent postponements, indicating that the prosecution is not prepared to proceed.

A DNAA means the accused is temporarily discharged from the charges, but may still be prosecuted for the same offences in the future if the prosecution decides to reinstate them.

No ‘flawed prosecution’

Elaborating, the AGC mentioned that the prosecution had applied for time to gather all relevant documents to be adduced as evidence in the second SRC trial.

It also dismissed allegations that they had conducted a “flawed prosecution”.

“The delay was not deliberate. Rather, it is to ensure that the integrity of the documents as testimonies in the trial is always safeguarded.

“We have always maintained the highest quality and standards in line with the people's expectations.

“However, the AGC abides by the decision of the High Court and will examine and consider all aspects before taking any further action," the AGC said.

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

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