27 February 2025
On behalf of the 53 groups and 1104 individuals who endorse the joint statement titled “Rakyat benci rasuah. Najib tidak layak terima pengampunan atau tahanan rumah” (Malaysians hate corruption. Najib does not deserve pardon or home detention) at http:/ / bit.ly/MsiansHateCorruption, we demand Attorney-General (AG) Dato’ Mohd Dusuki Mokhtar to state thetimeline for new charges expected to be filed against Najib Razak in the case of International Petroleum Investment Company (IPIC) which involved RM 6.6 bilion.
Today is exactly three months after the Kuala Lumpur High Court’s decision on 27 November 2024 to grant Najib Razak DNAA (discharge not amounting to acquittal). DNAA means the defendants may be prosecuted with new charges by the Prosecution. However, if the Prosecution fails to bring new charges after a long time, the defendants may apply for DAA (discharge amounting to acquittal).
Delay by the Attorney-General’s Chambers (AGC) in filing new charges after DNAA appears to be a modusoperandi how VIP defendants subsequently obtain DAA dan get off the hook entirely. For example, former director-general of the Malaysian External Intelligence Organisation (MEIO) Datuk Hasanah Ab Hamid, charged for criminal breach of trust on government fund totalling US$12.1 million (RM50.4 million), was given DNAA on April 2021, on the application by the AGC. The AGC then told the court that it had gathered new findings and may prosecute Hasanah with new charges. (https://www.malaysiakini.com/news/570417) However, as the AGC failed to file in new charges for 16 months till April 2022, Hasanah was given a DAA by the court. (https://www.nst.com.my/news/crime- courts/2022/08/820774/court-frees-hasanah-us121-mil-cbt-charge)
The DNAA decision made three months ago was caused by the AGC’s failure to obtain the necessarydocuments under Section 51A of the Criminal Procedural Code, which were reportedly classified as Official Secrets by the Ministry of Finance. We therefore also urge Finance Minister Datuk Seri Anwar Ibrahim todeclassify the said documents to assist the AGC.
If Najib Razak eventually obtains DAA in the IPIC case because the AGC has failed to file in new charges in time or because the Ministry of Finance refuses to declassify the documents, then Datuk Seri Anwar Ibrahim as both Prime Minister who controls the tenure of AG and Finance Minister must bear the full political responsibility for Najib’s impunity.
The statement “Rakyat benci rasuah. Najib tidak layak terima pengampunan atau tahanan rumah” (Malaysians hate corruption. Najib does not deserve pardon or home detention) http:/ / bit.ly/MsiansHateCorruption, is initiated by Project Stability and Accountability for Malaysia (Projek SAMA),Coalition for Clean and Fair Elections Gabungan untuk Pilihanraya Bersih dan Adil (Bersih), Institute for Democracy and Economic Affairs (IDEAS Malaysia), Himpunan Advokasi Rakyat Malaysia (HARAM) and Fahmi Reza. We urge civil society groups and Malaysians to continue endorse this statement.
As long as the AGC has not filed in new charges against Najib in the IPIC case, we would carry the voice of the public to serve quarterly reminders to AG Dato’ Mohd Dusuki Mokhtar based on the Point 5 of the statement, which reads:
Attorney-General Dato’ Mohd Dusuki Mokhtar must order the prosecution to timely re-file new charges against Najib Razak in the RM 6.6 billion case of International Petroleum Investment Company. Finance Minister Datuk Seri Anwar Ibrahim must assist the Prosecution in the access to the necessary documents. Najib was given a Discharge Not Amounting to Acquittal (DNAA) by the Kuala Lumpur High Court on 27 November 2024 because the prosecution had failed to producedocuments under S51A of the Criminal Procedure Code. According to the prosecution, the documents are Official Secret under the Finance Ministry. If Najib escapes any accountability due to the failure on the part of the prosecution, Prime Minister Datuk Seri Anwar Ibrahim who constitutionally controls the appointment and tenure of the AG and can declassify any Official Secret documents under Finance Ministry must bear full political responsibility.
Initiated by:
Project Stability and Accountability for Malaysia (Projek SAMA)
Coalition for Clean and Fair Election (BERSIH)
Institute for Democracy and Economic Affairs (IDEAS Malaysia)
Himpunan Advokasi Rakyat Malaysia (HARAM)
Fahmi Reza
