KUALA LUMPUR: The High Court has discharged Datuk Seri Najib Razak from three counts of money laundering involving RM27mil linked to SRC International Sdn Bhd.
High Court judge Justice K. Muniandy said the prosecution could not proceed with the case or do so within a reasonable time.
In his decision, he said the trial dates had been postponed for a myriad of reasons, including making time for the prosecution to procure and gather documentary proof in the case and making way for the RM47mil SRC International trial.
ALSO READ: RM27mil SRC case: AGC asks for one more month to decide on Najib's representation
"This case against the accused has been pending in this court for six years since 2019, and not an iota of witness testimony has been pursued with but only a plethora of postponements, indicating that the prosecution is not ready with the prosecution of the case," Justice Muniady said here on Friday (June 20).
He said once an accused was charged in court, the charge could not be hanging over his head for an indeterminate or indefinite period.
"That would be harsh and illegal," the judge added.
Justice Muniandy also said that a discharge not amounting to an acquittal (DNAA) would not prejudice the prosecution's case as the prosecution could still pursue the case once it is ready to do so.
"By virtue of those factors, the most appropriate order is for this court to discharge the accused person without acquitting him, so that he is not saddled with the charges preferred against him," he added.
ALSO READ: Najib's RM27mil money laundering trial to proceed, AGC rejects review request
When met by the press later, Najib's lead counsel Tan Sri Muhammad Shafee Abdullah said his client welcomed the decision as it meant fewer cases for him in court.
"He's very happy and can now concentrate on the 1Malaysia Development Bhd trial that is due for submissions in October," Shafee said.
On Feb 3, 2019, Najib claimed trial to three charges of money laundering by accepting RM27mil from unlawful activities through three AmPrivate Banking accounts at AmIslamic Bank Berhad, Jalan Raja Chulan, on July 8, 2014, under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001.
If convicted, he faced a maximum fine of RM5mil or imprisonment of up to five years, or both.
