KUALA LUMPUR (Dec 1): The defence in Datuk Seri Najib Razak’s second SRC International Sdn Bhd case on Friday applied for the former prime minister to be given a discharge not amounting to acquittal in the ongoing money-laundering case, as the attorney general had not made a decision over the representation letter submitted in July.
Senior counsel Tan Sri Muhammad Shafee Abdullah said his client should not have the charges hanging over his head, like the sword of Damocles, for more than four and a half years until a decision is made.
Citing a Federal Court decision, Shafee said the court could use its inherent jurisdiction to grant Najib a discharge, then decide whether or not to recharge him.
“My client is the first in Malaysia to face charges in every court. A discharge of the charges does not prejudice anyone,” the lawyer said.
Najib's lawyers sent the representation letter on July 31. Following that, there have been three case managements, including the latest one on Friday.
Earlier, deputy public prosecutor (DPP) Mohd Ashrof Adrin Kamarul informed High Court judge K Muniandy that the prosecution had yet to reach a decision on the defence's representation, and sought a period of three months.
He said that the first SRC case began in April 2019, and the former prime minister was charged with these three money-laundering charges in February that year.
“However, the three charges were stayed from hearing, pending the outcome or finality of the first SRC case, where the Federal Court made a decision on Aug 23, 2023, and a review by the defence was also dismissed by the apex court on March 30 this year.
“The accused is a high-profile individual. There are a lot of documents involved, and [this is] a high-priority case. [The accused] is involved in other cases, one with an ongoing trial, and there are two more, including this second SRC case, which is pending a trial. Hence, the prosecution asks for a final adjournment to be given,” the DPP added.
Najib is presently serving his 12 years' jail and RM210 million fine since Aug 23, 2022, after his appeal against the seven charges in the first SRC case were dismissed by the apex court.
He was found guilty of one count of abuse of power over the RM4 billion Retirement Fund Inc loan given to SRC, three counts of criminal breach of trust to the amount of RM42 million, and three counts of money laundering of the same amount.
After deliberation, Muniandy gave the prosecution a final adjournment date of two months, and fixed Jan 19 for the last case management.
“Please take note that this is the final adjournment,” the judge said.
For the second SRC case, the former prime minister is facing three counts of money laundering of RM27 million.
The other trial which Najib is facing and has yet to commence is the case of criminal breach of trust of RM6.6 billion, involving International Petroleum Investment Company (IPIC). Najib has already been acquitted in the 1Malaysia Development Bhd (1MDB) audit report tampering trial.
However, he is still undergoing the 1MDB-Tanore abuse of power and money-laundering trial.