Will Najib and Irwan get their IPIC-linked charges dropped? Lawyers to argue further on Wednesday

Sunday 19 Jan 2025

KUALA LUMPUR (Nov 25): Parties will submit further on Wednesday (Nov 27) on whether former prime minister Datuk Seri Najib Razak and former Treasury secretary general Tan Sri Mohd Irwan Serigar Abdullah should be granted a discharge not amounting to an acquittal (DNAA) in their criminal trial regarding International Petroleum Investment Co (IPIC).

Proceedings on Monday centred around whether the court could independently grant the order to the two men.

High Court judge Datuk Muhammad Jamil Hussin highlighted that there are three circumstances in law where a DNAA can be granted: when there is a summary trial, when the applicant is absent, and when the prosecution makes such an application.

None of these scenarios in accordance with the law applies in this case, as the prosecution has made it clear on Monday that it does not intend to initiate any such application.

Earlier in the day, the court granted the parties some time to research and present their cases on the issue, upon the court's request. However, following submissions, the court granted more time to the prosecution to do a more detailed research on the matter.

The two men are charged with over six counts of criminal breach of trust for misappropriating over RM6.6 billion of government funds meant for payments for government projects and diverting it to IPIC to pay off 1Malaysia Development Bhd (1MDB) debts.

However, it has to be noted that the two would not walk off scot-free, as the DNAA simply means that Najib and Irwan can be charged again on similar grounds at a later date.

The entire debate on DNAA came about after prolonged delays in the trial, due to the issue of declassification of pertinent documents. This has aggravated the defence, which has made an application for a DNAA twice previously.

Najib and Irwan were charged in 2018, but the trial has yet to begin six years on. This year alone, proceedings have been postponed three times since June, to provide time for the prosecution to get the documents in order, some of which are classified.

The defence has argued that the documents, which include memos from the Finance Ministry to the Minister of Finance Inc (MOF Inc), Cabinet meeting memos, and letters and emails, are crucial in mounting a successful defence.

On Monday, deputy public prosecutor Muhammad Saifuddin Hashim Musaimi informed the court that there are about 40 documents which have yet to be declassified and that the prosecution had no control over the declassification of documents under Official Secrets Act.

"The documents requested are classified documents. As of this morning, 33 out of the 73 classified documents have been declassified. There are 40 documents left. We seek instructions [from the court] on whether to proceed with the trial," he said.

Najib's senior lawyer, Tan Sri Muhammad Shafee Abdullah, in his argument asked why his client was charged when these documents were not ready.

"Why charge him when [the prosecution] is not ready? He is already lambasted with [so many other cases]," Shafee asked.

Irwan's lead defence counsel Datuk K Kumaraendran said that there are other documents — besides the declassified documents — which have yet to be served.

"The principle of fair trial is sacrosanct….Without these documents, I can't conduct a fair [defence] for my client. [The court] has been fair to the prosecution, and they are still not prepared to carry on [with the case].

"Once, and if, they are ready, they can charge my client again," Kumaraendran said.

Earlier, the court had also dismissed Shafee's request for a "permanent stay" to pause the trial. The application was made on the grounds that pending the documents, his client could not get a fair trial.

After he was charged in 2018 for this case, Najib was reported to have said that his actions were to avoid a national default amid numerous contractual obligations.

He explained that the sum was diverted from its original intent and instead used to repay obligations involving 1MDB, the East Coast Rail Link (ECRL) project, and two gas pipeline projects.

Edited ByAniza Damis

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