Malaysia

Ex-spy head gets discharge not amounting to acquittal in RM50.4 mil CBT case

Court declares inability to compel continuation of proceedings due to withdrawal of prosecution

Updated 5 years ago · Published on 12 Apr 2021 6:42PM

Ex-spy head gets discharge not amounting to acquittal in RM50.4 mil CBT case
Datuk Hasanah Abdul Hamid, former Malaysian External Intelligence Organisation director-general, will be made to face charges for criminal breach of trust in the future following the high court granting her a discharge not amounting to an acquittal. – Bernama pic, April 12, 2021

KUALA LUMPUR – Former Malaysian External Intelligence Organisation director-general Datuk Hasanah Abdul Hamid, who has been charged for criminal breach of trust (CBT), has been given a discharge not amounting to an acquittal by the high court, reports English-language daily The Star.

Justice Ahmad Shahrir Mohd Salleh explained that the prosecution applied to refrain from further prosecuting Hasanah.

Under Article 145(3) of the federal constitution, the law states that the attorney-general has the discretion and power to institute, conduct or discontinue any proceedings.

Due to the fact that the prosecution has decided to withdraw, Shahrir explained that the court could not compel the continuation of proceedings.

He also said the prosecution provided good and valid reasons behind their refusal to continue trial, and they confirmed that Hasanah will be made to face charges in the future.

Shahrir also ordered all exhibits and evidence tendered and produced before the court to be returned to the prosecution team.

On October 25, 2018, Hasanah pleaded not guilty to the CBT charge involving RM50.4 million belonging to the government.

The prosecution initially alleged she committed the offence when she served as director-general of the Prime Minister’s Department’s research division in Putrajaya between April 30 and May 9, 2018.

The offence, which is provided for in Section 409 of the Penal Code, states that those found guilty can be imprisoned up to 20 years, whipped and fined. – The Vibes, April 12, 2021

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