DATUK Seri Najib Razak has been granted a discharge not amounting to an acquittal (DNAA) by the High Court over three money laundering charges involving RM27 million tied to SRC International Sdn Bhd.
Tan Sri Muhammad Shafee Abdullah, counsel for the former prime minister, said Najib welcomed the decision, handed down by Judge K. Muniandy, as it lessens the number of active criminal proceedings against him.
“He is happy simply because there are not too many cases hanging over his head. He has been asking for a DNAA for some time,” Shafee told reporters outside court. “He can concentrate on the 1MDB case now.”
Shafee added that the prosecution is unable to appeal the DNAA decision but retains the option to bring fresh charges if new developments arise.
“If they are ready, then they can recharge. But we hope they do not. There is enough prejudice on Najib. We implore the Attorney-General to use his good office and discretion to close this matter,” he said.
Despite the discharge, Najib remains in prison due to an earlier conviction involving RM42 million from SRC International. He is currently serving a reduced sentence of six years — down from the original 12 — with a fine lowered from RM210 million to RM50 million by the Federal Territories Pardons Board.
“For this case, he is freed. But because he is serving another jail term, he goes back to jail,” Shafee clarified.
Najib was charged in 2019, but according to his lawyer, the case faced multiple postponements, with nearly 30 trial days having been previously fixed. Shafee explained that progress was hindered by a lack of critical documentation, which is currently tied up in related civil and criminal proceedings.
“The judge was informed in May that while the prosecution wishes to proceed, they are still not ready. There are more than 500 pages of documents which are yet to be retrieved because they’re tied up in other ongoing cases — both civil and criminal — including those involving other individuals,” he said.
Shafee criticised the manner in which the case was handled, arguing that the money laundering charges should have been tried alongside Najib’s initial SRC case.
“These three charges came later from the first SRC charge. Otherwise, Najib could have had a different outcome and he does not have to face a double journey,” he said. “Money laundering charges cannot stand on their own. They must be tied to a predicate offence.”
He further contended that the prosecution should have consolidated the SRC-related offences from the outset, rather than pursuing them piecemeal.
Najib continues to face other legal challenges, including his ongoing defence in the 1Malaysia Development Berhad (1MDB) corruption case. - June 20, 2025