The High Court allows the prosecution’s application for Hasanah to be granted the DNAA.
Former spy chief Hasanah Abdul Hamid has been granted a discharge not amounting to an acquittal (DNAA) in a US$12.1 million (RM50.4 million) criminal breach of trust (CBT) case involving funds from the government.
The High Court in Kuala Lumpur today allowed the prosecution’s application for the accused to be granted the DNAA.
Today was initially set for continuance of the prosecution’s stage of the trial against the former director-general of the Malaysian External Intelligence Organisation (MEIO).
Under the law, an accused granted a DNAA may still be charged for the same offence in future, in contrast to an accused given a discharge amounting to an acquittal.
On Oct 25, 2018, Hasanah, 62, claimed trial to one count of CBT amounting to US$12.1 million in government funds when she was serving as then director-general of the Prime Minister’s Department Research Division.
She was accused of committing the offence at the office of the Research Division in the Prime Minister’s Department in Putrajaya between April 30 and May 9, 2018.
She was charged under Section 409 of the Penal Code, which stipulates a maximum of 20 years jail, whipping and a fine.
According to a copy of the ruling made available to the media today, judge Ahmad Shahrir Mohd Salleh allowed the DNAA application due to the prosecution’s assertion about a new development in the case.
“In the present circumstances, I find that the prosecution has provided good and valid grounds in exercising his powers under the law not to prosecute the accused further.
“I also find that the new development, as explained by the learned DPP, is a temporary impediment because the learned DPP confirms that the accused will be made to face the charge in future.
“Therefore, I hereby order the accused to be given a discharge not amounting to an acquittal (DNAA). All exhibits produced and tendered before this court shall be returned to the prosecution,” Ahmad Shahrir said.
According to the court document, the prosecution consisted of DPPs Muhamad Iskandar Ahmad, Mohd Fairuz Johari, Ahmed Farid Ahmad Kamal, Nor Diana Nor Azwa, Nur Afiqah Zakaria and Mohammad Fakhrurrazi Ahmad Salim.
The document also states that Hasanah was represented by a defence team made out of lawyers Suhaimi Ibrahim, Hamdan Hamzah, Muhammad Ashraff Mohd Diah, Izwan Ariff Ibrahim and Azeezi Nordin.