IPIC case: Najib, Mohd Irwan granted DNAA for six CBT charges involving RM6.6 billion

Judge Datuk Muhammad Jamil Hussin made the decision after allowing the DNAA application submitted by lawyers Tan Sri Muhammad Shafee Abdullah and Datuk Seri K. Kumaraendran, who acted for Najib and Mohd Irwan, respectively.

"Based on the facts and arguments presented by both counsels, as well as the circumstances of the case, I am exercising my inherent power to discharge not amounting to acquittal the first (Najib) and second (Mohd Irwan) accused from all six charges," the judge said.

In his brief judgment, Muhammad Jamil said that there were three reasons considered by the court in making the decision.

"The first reason is that the prosecution did not fully comply with the provisions under the Criminal Procedure Code (CPC). The second reason is that the DNAA order does not prejudice the prosecution, as they can re-charge both accused persons.

"The third reason is that this case was registered in 2018, but the trial could not proceed despite several scheduled dates because the prosecution did not fully comply with the provisions of Section 51A of the CPC. This is an excessive delay," said the judge.

Section 51A of the CPC stipulates that the prosecution must provide certain documents to the defence before the trial begins.

Judge Muhammad Jamil also ordered the RM1 million bail to be returned to both Najib and Mohd Irwan.

Earlier, Muhammad Shafee and Kumaraendran submitted that the court could exercise its inherent power to issue a DNAA order, even though no application had been made by the prosecution, on the grounds that the prosecution had still failed to provide the documents requested by the defence.

"This case has been going on for too long, it has been six years. I pray your Lordship will conclude it today," said Kumaraendran.

Last Monday, deputy public prosecutor Muhammad Saifuddin Hashim Musaimi told the court that the prosecution does not have control over classified documents that will be declassified before being used in the trial because it is subject to the relevant agencies that hold the documents.

He said the documents involved were from Cabinet meetings, the Ministry of Finance, the Ministry of Energy and Water Transition and Transformation (PETRA), and the Land Public Transport Commission (SPAD) (now the Land Public Transport Agency - APAD) under the Road Transport Department.

The trial was postponed four times this year, namely to June 4 and 19, July 22 and Nov 25, to give the prosecution time to declassify the classified documents before handing them over to the defence.

This is the second application by Najib and the third by Mohd Irwan Serigar for them to be granted DNAA for the six charges. Najib had also filed an application for a permanent stay of proceedings in the case on Nov 25, but it was rejected by the court.

On Oct 24, 2018, Najib and Mohd Irwan pleaded not guilty to the six charges of CBT involving the Malaysian Government's assets amounting to RM6.6 billion, in connection with payments to IPIC.

On the first count, Najib, 71, and Mohd Irwan, 67, were jointly charged with, in their capacity as Finance Minister and Treasury Secretary-General, respectively, and who were entrusted with the dominion of RM1.2 billion belonging to the Malaysian Government, committed CBT of the fund.

For the second charge, Najib and Mohd Irwan were jointly charged, while holding the same post, committed CBT of RM655 million belonging to the Malaysian Government which were entrusted to them.

On the third count, they were jointly charged, in their capacity as public servants and holding the same post, committed CBT of RM220 million belonging to the Malaysian government in Federal Consolidated Fund under "Belanja Mengurus di bawah Maksud B11 Perkhidmatan Am Perbendaharaan, Aktiviti 021700 KL International Airport Berhad (KLIAB)" that were entrusted to them.

For the fourth charge, both of them, while in the same capacity, were also charged with CBT of RM1.3 billion that were entrusted to them Federal Consolidated Fund under "Maksud B11 Perkhidmatan Am Perbendaharaan, Aktiviti 020500 Subsidi Dan Bantuan Tunai", belonging to the Government of Malaysia.

On the fifth and sixth charge, Najib and Mohd Irwan were jointly charged, while in the same capacity, with having committed CBT of CNY1,950,000,000 (worth RM1,261,065,000) and RM2 billion, respectively, belonging to the government.

Najib and Mohd Irwan Serigar were alleged to have committed all the offences at the Finance Ministry Complex in Putrajaya between Dec 21, 2016 and Dec 18, 2017.

They were charged under Section 409 of the Penal Code, read together with Section 34 of the same Code, which provides for a maximum jail term of 20 years and whipping, and liable to fine, if convicted.

Meanwhile, Mohd Irwan said he was grateful that after six years and two months, the case was finally resolved.

"Alhamdulillah, the court made the right decision. I am confident that there is no case against me as everything was done in accordance with government procedures. I hope I can go for Umrah after this," he said when met by reporters outside the Court Complex.

-- BERNAMA