SHAH ALAM - The court's decision to grant a discharge not amounting to an acquittal (DNAA) in the high-profile case involving former prime minister Datuk Seri Najib Razak and former Treasury Secretary-General Tan Sri Mohd Irwan Serigar Abdullah has ignited widespread public outrage and calls for accountability.
Critics have highlighted the deafening silence of those in power, who once vocally condemned lapses in similar cases while in opposition.
The development deepened concerns over transparency and accountability, raising questions about the state of the nation's legal and judicial systems.
Speaking to Sinar Daily, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Lateefah Koya criticised the decision and its impact on public trust.
"The public is completely losing confidence in the legal system. The Prime Minister (Datuk Seri Anwar Ibrahim) and government cannot continue to remain silent.
"The Attorney-General may not be answerable to Parliament, but this does not mean the public cannot press for explanations. The Prime Minister and government must explain what went wrong," she said when contacted.
Latheefa, who is a lawyer, also further questioned how a high-profile prosecution of global significance could collapse due to the failure to provide the court with all the required documents.
"How is it possible for such an important prosecution that is being watched by the whole world to collapse in this manner? Why was the necessary not done to ensure all the required documents were given to the court," she said.
She also pointed to the broader implications, referencing the public discontent over Najib's sentence reduction and Umno's push for his release.
"Taken together with the reduction in Najib’s sentence and the public demand by Umno, which is the government party, for Najib’s release, this development raises serious concerns. Why was this case compromised?" she questioned.
Muda's central executive committee member Ainie Haziqah echoed Latheefa’s sentiments, stressing the need for transparency in handling such high-profile cases.
Ainie remarked that while the current government was highly critical of judicial decisions when it was in opposition, there is now a troubling silence after coming into power.
"When you were in the opposition (previously), a lot of decision-making or decisions made in court were criticised but now that these high-profile cases decision are made, there is no such voice," she said.
She also said that Muda have voiced out and criticised not just merely about the decision but also how the process have taken into, pointing to failures in the prosecution process as crucial documents were not submitted to court.
Therefore, she stressed the importance of maintaining a clear separation of powers.
Meanwhile, former Petaling Jaya MP Maria Chin Abdullah has called on the Attorney-General to explain the failure in handling key documents which led to the DNAA for Najib and Irwan.
"The AG definitely has to explain why the documents were botched," Maria said, highlighting that the prosecution had six years to gather the required materials and declassify them if needed.
Maria further criticised the prosecution's negligence, highlighting their failure to carry out their duties.
"Clearly, they seemed to have failed to carry out their duties. They should withdraw the DNAA," she said.
On Wednesday, Najib and Irwan were granted a discharge not amounting to an acquittal (DNAA) in the RM6.6 billion criminal breach of trust (CBT) case involving the International Petroleum Investment Company (IPIC).
Judge Datuk Muhammad Jamil Hussin cited three primary reasons for the DNAA:
- Failure to Comply with Legal Procedures: The prosecution did not provide documents required under Section 51A of the CPC, despite repeated requests.
- Prolonged Delays: The case, registered in 2018, faced multiple postponements over six years due to the non-declassification of critical documents.
- Non-Prejudice to Prosecution: The DNAA does not hinder the prosecution’s ability to recharge the accused in the future.
While the decision made has triggered political and public discourse, it does not erase Najib’s existing convictions or the possibility of new charges.