Ahmad Shahrir has granted a DNAA after the prosecution applied to not prosecute her further and noted on new development discovered
by RAHIMI YUNUS / pic by BERNAMA
THE Kuala Lumpur (KL) High Court has granted a discharge not amounting to an acquittal (DNAA) to former Malaysian External Intelligence Organisation DG Datuk Hasanah Abdul Hamid (picture) in her criminal breach of trust (CBT) case involving over US$12.1 million (RM50.4 million).
Judge Datuk Ahmad Shahrir Mohd Salleh granted the order after the prosecution applied to not prosecute her further and explained about a new development discovered.
“I also find that the new development as explained by the learned deputy public prosecutor (DPP) is a temporary impediment because the DPP confirms that the accused will be made to face the charge in the future.
“Therefore, I hereby order the accused to be given a DNAA,” Ahmad Shahrir said at the hearing yesterday.
He also ordered all exhibits produced and tendered before the court to be returned to the prosecution.
A total of 10 prosecution witnesses had been called to testify in the trial which started on Oct 6 last year.
On Oct 25, 2018, Hasanah claimed trial to the CBT involving US$12.1 million belonging to the Malaysian government, which carries a maximum sentence of up to 20 years imprisonment if found guilty.
She allegedly committed the offence in her capacity as a civil servant at the office of the DG of the Research Division of the Prime Minister’s (PM’s) Department in Putrajaya between April 30 and May 9 that year.
Malaysia has seen a series of either DNAA or full acquittal granted to high-profile cases since last year.
In May 2020, Riza Shahriz Abdul Aziz, the stepson of former PM Datuk Seri Mohd Najib Razak, had been granted a DNAA on money-laundering charges involving US$248 million allegedly linked to 1Malaysia Development Bhd.
Sessions Court Judge Azman Ahmad granted the DNAA after the prosecution and defence reached an agreement through representations filed by the accused.
In June last year, the prosecution dropped all 46 corruption and money laundering charges linked to logging concessionaires Tan Sri Musa Aman, subsequently having him acquitted of the offences.
DPP Datuk Azhar Abdul Hamid told the KL High Court that the prosecution had withdrawn the charges, in which the defence then asked for the court to grant a full acquittal to avoid Musa being charged again.
In December 2020, the KL High Court granted a DNAA to Datuk Seri Tengku Adnan Tengku Mansor in his trial of accepting RM1 million bribe.
Judge Mohd Nazlan Mohd Ghazali granted the order after the prosecution applied for the DNAA order due to “new developments” that required further investigation.