DNAA sought in Najib’s SRC case

KUALA LUMPUR: Counsel for Datuk Seri Najib Razak has urged the High Court to grant the former prime minister a discharge not amounting to an acquittal (DNAA) to three charges of money laundering involving SRC International Sdn Bhd (SRC) funds totalling RM27mil.

Lawyer Tan Sri Muhammad Shafee Abdullah said the application was made after deputy public prosecutor Mohd Ashrof Adrin Kamarul informed Justice K. Muniandy that the prosecution had yet to decide on Najib’s letter of representation to the Attorney General’s Chambers (AGC) on July 31, reported BK.

“The case dates back to 2019 and has been mentioned several times before this court.

“Therefore, in order not to prejudice both parties, especially the client, I request the court issue a DNAA order under Section 173 of the Criminal Procedure Code as the case has not been pursued at all.

“If the DPP takes a different decision in the future, the prosecution may decide to pick up the case from where we left off… this case has been hanging for so long,” said Muhammad Shafee.

Judge Muniandy then asked the prosecution why the AGC was so slow in deciding on the representation.

Mohd Ashrof said the case involved a high-profile person with many documents to be scrutinised and that there was another case (International Petroleum Investment Company vs Najib) that had not yet been heard.

“All parties had previously agreed that the three charges would not be heard until the RM42mil SRC International misappropriation of funds case was decided and the case review was completed at the Federal Court on March 31.

“According to my records, there were only three mentions of the case after March 31, including today’s proceedings.

“Therefore, I am applying for a final date to deal with the case to know how the representation is progressing,” he said.

Mohd Ashrof added that he has been instructed to apply for an additional three months to allow the AGC to review the contents of the representation.

Judge Muniandy fixed Jan 19 next year as a final date for the Attorney General to decide on the representation.

On Feb 3, 2019, Najib claimed trial to the three charges of money laundering by accepting proceeds from unlawful activities amounting to RM27mil through his three AmPrivate Banking accounts at AmIslamic Bank Bhd, AmBank Group Building, Jalan Raja Chulan here on July 8, 2014, under Section 4 (1) (a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.

He faces a maximum fine of RM5mil or imprisonment of up to five years, or both, if convicted.

The former Pekan MP is now serving a 12-year term in Kajang Prison for the RM42mil SRC International case.