PETALING JAYA: All aspects will be examined and considered before taking any further action on the temporary discharge of Datuk Seri Najib Razak three counts of money laundering involving RM27mil linked to SRC International Sdn Bhd, says the Attorney General's Chambers (AGC).
The AGC said there were some documents which were material for the current SRC International trial, and the prosecution had no choice but to wait until the relevant material documents were obtained after the 1MDB trial proceedings were completed.
"It should be emphasised that the material documents are already available but are being used as evidence in the ongoing 1MDB trial," the AGC said in a statement on Friday (June 20).
"The prosecution has requested time to gather all relevant material documents to be presented as evidence and testimony in the second SRC trial. This delay is not intentional but is to ensure that the integrity of the documents as evidence in the trial is always maintained.
"The department is aware that this case has attracted public attention as it involves the former prime minister of Malaysia and throughout the proceedings before the Court, the department has taken action in accordance with the limits of the independence of the prosecution and the legal process.
"The case was registered at the High Court on Feb 7, 2019 and has been set for trial five times in June 2020, July to August 2021, March to April 2022, September 2024 and April and May 2025."
It said all trial dates of the case have been postponed for the following reasons:
(i) Movement control order due to the Covid-19 pandemic;
(ii) Application by the accused's counsel; or
(iii) The prosecution's own application.
The application for adjournment made by the prosecution is because
(i) The trial proceedings of the first SRC case were still ongoing at that time at the High Court, Court of Appeal and Federal Court levels until fully completed on March 31, 2023;
(ii) At the same time, the 1MDB trial proceedings had also begun while the first SRC case was still pending. Both cases above involved the use of some of the material documents that would be used in the second SRC trial.
"This department emphasises that the allegations by certain parties that this department carries out "defective prosecution" are completely unfounded. This department always maintains the highest level and quality in line with the expectations of the people.
"This department remains committed to upholding the rule of law and will continue to carry out its responsibilities under the Federal Constitution with integrity, fairness and respect for the judicial process," it said.
Earlier, Judge K Muniandy allowed the defence's application for a DNAA over three money laundering charges involving RM27mil from SRC International Sdn Bhd, citing the prosecution's lack of preparedness to proceed with the trial, which has been postponed numerous times since 2019.
The court was informed that the prosecution had yet to obtain the necessary documentary evidence.
The delay, the judge noted, had denied the accused the right to a fair and timely resolution of the case.
A DNAA means the accused is temporarily discharged from the charges but may still be prosecuted for the same offences in the future if the prosecution so decides.
