Rafizi: Refile charges without further delay


Day in court: Najib arriving at the Kuala Lumpur Courts Complex. — Bernama

PETALING JAYA: As Datuk Seri Najib Razak hails as relief the temporary discharge of his money laundering case involving RM27mil, a lawmaker urges swift refiling of the charges.

Pandan MP Datuk Seri Rafizi Ramli urged the Attorney General’s Chambers (AGC) to clarify how it would refile the charges involving RM27mil from SRC International Sdn Bhd against the former prime minister without further delay.

Rafizi made the call following the High Court granting Najib a discharge not amounting to an acquittal (DNAA) order for all three charges in the case.

A DNAA releases an accused from a charge without clearing them of the offence, meaning they can still be prosecuted later.

Rafizi said it was unacceptable that, despite Najib being charged in 2019, the trial has yet to begin due to the prosecution’s failure to complete the required documentation.

“I urge the prosecution to refile the charges as soon as possible and prepare the necessary documents so the case can proceed,” the former Economy Minister said in a statement.

While acknowledging Najib’s right to seek a discharge, Rafizi questioned the prolonged delay, especially as the former was already serving a prison sentence in another case involving SRC International funds.

The AGC in an immediate response to the development said it will examine and consider all aspects before taking any further action on the case.

The AGC said there were some documents which are material for the current SRC International trial, and the prosecution has no choice but to wait until the relevant material documents were obtained after the 1MDB trial proceedings are 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.

“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.

It said the case was postponed several times namely due to the Movement Control Order linked to the Covid-19 pandemic, requests by Najib’s counsel and the prosecution as the documents was used in the then ongoing first SRC case and the currently ongoing 1MDB case.

“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 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.

Meanwhile, Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, said his client welcomed the court’s decision, noting that it reduced the number of active cases against him.

“He’s very happy and can now concentrate on the 1MDB trial, which is set for submissions in October,” Shafee told reporters after the court granted the DNAA order.

Shafee explained that the AGC cannot appeal the DNAA but may choose to refile the case.

“But we hope they don’t,” he added.

With the DNAA order, Najib now faces only one active criminal trial – the RM2.28bil 1MDB case, scheduled to resume in October.

Najib was acquitted from the 1MDB audit tampering case in March 2023, and a DNAA in the RM6.6bil IPIC-related case last November.

He is currently serving a prison sentence for his conviction in the RM42mil SRC International graft case.

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