Najib seeks DNAA over money-laundering case

His lawyer Shafee Abdullah says he is seeking a conditional discharge as the attorney-general has not made a decision on representations made for the withdrawal of the case.

Najib Razak’s defence team has applied for a discharge not amounting to acquittal (DNAA) for his ongoing money-laundering case involving SRC International Sdn Bhd.

Lawyer Shafee Abdullah said the conditional discharge is sought as the attorney-general has not made a decision on representations made on the former prime minister’s behalf for the withdrawal of the case.

“My client is the first in Malaysia to face charges in every court. A discharge of the charges does not prejudice anyone,” he said.

Shafee cited a Federal Court decision which held that the court could use its inherent jurisdiction to grant Najib the discharge sought.

After deliberation, Justice K 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.

Previously, deputy public prosecutor Ashrof Adrin Kamarul had informed the judge that the representations were received from Najib’s solicitors, Shafee & Co, on Aug 2.

“It is a voluminous document and several pertinent issues have been raised. We need more time before a decision can be made,” he said, referring to the 51-page document.

At the previous mention in May, Shafee told the court the defence was hoping then attorney-general Idrus Harun would drop the charges since the prosecution had secured a conviction in the RM42 million SRC International corruption case.

On Feb 3, 2019, Najib pleaded not guilty to the three money laundering charges in which he is said to have accepted proceeds from illegal activities amounting to RM27 million through three AmPrivate banking accounts.

If found guilty, he faces a maximum fine of RM5 million or imprisonment of up to five years, or both, for the charges, which were framed under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.

On Aug 23 last year, the Federal Court upheld Najib’s conviction for misappropriating SRC funds of RM42 million. The apex court also upheld the sentence of 12 years imprisonment and a fine of RM210 million imposed on him.

On March 31, the Federal Court, in a 4-1 split ruling, dismissed his application for leave to have his conviction and sentence reviewed.