PUTRAJAYA - The prosecution can refile charges against former prime minister Datuk Seri Najib Razak and former treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah, who were granted a discharge not amounting to an acquittal (DNAA) by the court, should the necessary documents be completed.
However, lawyer Mohamed Haniff Khatri Abdulla said new Attorney General Datuk Mohd Dusuki Mokhtar might consider the prosecution's report that went viral several years ago before making a final decision.
"The report allegedly stated that there were no basis and sufficient evidence to charge in the criminal breach of trust case involving RM6.6 billion in Malaysian government funds, related to payments to the International Petroleum Investment Company faced by Najib and Irwan.
"Even if documents under the Official Secrets Act 1972 are obtained, this report might be taken into account by the current Attorney General to determine whether Najib and Irwan should be charged again or not," he said.
Meanwhile, lawyer M Hafiz Zainol Abidin said the prosecution could bring charges at any time in DNAA cases.
However, he speculated that the Attorney General's Chambers was unlikely to refile charges against Najib and Irwan.
He said the court had given the prosecution sufficient time to submit the documents but failed to do so.
"Last July, the defence applied for a DNAA for the same reason, but the court rejected it and asked the prosecution to complete the documentation within four months.
"However, the prosecution still failed to provide those documents," Hafiz added.