KUALA LUMPUR: Datuk Seri Najib Razak can apply for discharge not amounting to acquittal (DNAA) or discharge and acquittal (DAA) in his RM27 million money laundering charges during the trial slated in September.
High Court judge K. Muniandy said the former prime minister can argue this case if the prosecution has yet to decide on his representation letter for a review of all charges.
The court has fixed five days - Sept 17, 18, 19, and Sept 23, 24 for the trial date.
"After hearing the prosecution's and Najib's defence arguments and considering that today is a case management, the court will then set a date for the trial.
"If the prosecution is not ready for the trial, the defence may apply for a DNAA or DAA during trial.
"I also fixed March 12 for next case management to determine the status of documents, witness statements, and update on the representation," he said.
Earlier, deputy public prosecutor Mohd Ashrof Adrin Kamarul said the Attorney-General's Chambers (A-GC) needs more time to review the application which was sent to them in August last year.
"I am sorry Yang Arif, the prosecution is unable to make a decision regarding the representation submitted by Shafee & Co.
"At the previous case management, the court was informed that it would not consider another case management, but we humbly request one more case management date.
"If the court cannot consider it, I leave it to the court's discretion to proceed with this matter," he said.
Najib's defence counsel Tan Sri Muhammad Shafee Abdullah, who was not amused with the situation, pressed for the court to grant his client a full acquittal (DAA).
"The prosecution appears to face difficulty in deciding on the representation, which suggests that the charges against my client may be considered baseless.
"A total of 26 case managements have been conducted before the previous judge Mohamed Zaini Mazlan and four before you (Muniady).
"I believe a DAA order can be issued," he said.
On Dec 1, last year, the same court set today as the final date for the A-GC to respond to Najib's representation.
On Feb 3, 2019, Najib claimed trial to three charges of money laundering by accepting proceeds from illegal activities amounting to RM27 million through his three AmPrivate Banking accounts.
He allegedly committed all the offences at AmIslamic Bank Berhad, AmBank Group Building, No. 55, Jalan Raja Chulan on July 8, 2014, under Section 4 (1) (a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
He faces a maximum fine of RM5 million or imprisonment of up to five years, or both, if convicted.
Najib is currently serving a 12-year jail sentence in Kajang Prison after the Federal Court had on Aug 23, 2022, upheld the conviction and jail term and a fine of RM210 million against him after finding him guilty of misappropriating SRC International Sdn Bhd funds amounting to RM42 million.