On 27 November 2024, Malaysia’s former Prime Minister Najib Razak and ex-treasury chief Irwan Serigar Abdullah received a discharge not amounting to an acquittal (DNAA) in a high-profile graft case related to the 1Malaysia Development Berhad (1MDB) scandal. This decision has stirred up significant discussion regarding the performance of the Attorney General’s Chambers (AGC).
Details of the Case
The charges against Najib and Irwan, involving six counts of criminal breach of trust linked to RM6.6 billion (S$2 billion) of government funds, stemmed from a controversial settlement between 1MDB and Abu Dhabi’s International Petroleum Investment Company. The court found that the prosecution’s failure to provide necessary documents delayed proceedings, ultimately leading to the DNAA.
- Charge Amount: RM6.6 billion (S$2 billion)
- Case Involved: Settlement agreement with IPIC
- Prosecution’s Shortcomings: Failure to comply with Section 51A of the Criminal Procedure Code
Criticism of the Prosecution
Justice Muhammad Jamil Hussin noted the extreme delay caused by the AGC’s inability to disclose around 40 essential documents. Analysts have voiced that this reflects incompetence on the part of the AGC.
Senior analyst Halmie Azrie Abdul Halim stated, “Six years is more than enough to share relevant documents”. Concerns have also been raised by electoral reform group Bersih about the erosion of public trust in the AGC’s independence following such handling of critical cases.
Implications for Najib’s Future
The DNAA ruling does not mean Najib is in the clear; it opens the door for the prosecution to potentially re-file charges in the future. Najib is already serving a 12-year sentence for a separate graft conviction involving RM42 million belonging to SRC International, making this case even more significant.
Political Repercussions
Political analysts warn that these developments could shift the political landscape in Malaysia, especially with regards to public support for political figures involved in the 1MDB scandal. Najib’s lawyer described the numerous cases against him as a form of “carpet bombing”, which stretches both his defence team and Najib himself thin.
The outcome of the current DNAA could be perceived as politically charged, prompting discussions about the motivations behind ongoing efforts to prosecute Najib. As investigations continue, the public will be watching closely.