KUALA LUMPUR: The Attorney-General's Chambers (AGC) has declined to comment on the purported leaked memo recommending the dropping of a RM 6.6 billion criminal breach of trust case against Datuk Seri Najib Razak and Tan Sri Mohd Irwan Serigar Abdullah.
Deputy public prosecutor (DPP) Muhammad Saifuddin Hashim Musaimi said this before High Court Judge Datuk Muhammad Jamil Hussin today.
The duo was charged in Oct 2018 and had pleaded not guilty to six charges of CBT involving government funds used as payments to the International Petroleum Investment Company (IPIC).
Saifuddin said this when Najib's counsel Tan Sri Muhammad Shafee Abdullah raised the issue and asked the prosecution to clarify the authenticity of the document.
The alleged 12-page memo that had been circulating online had stated that an evaluation found the available evidence in the case involving Najib and former Treasury secretary-general Tan Sri Irwan Serigar Abdullah was "grossly insufficient" to prove a prima facie case for the six charges.
The memo was purportedly sent by the lead prosecutor in the case, Datuk Jamil Aripin, to Tan Sri Tommy Thomas, who was the attorney-general at the time.
Shafee argued that the memo, which can be obtained in the public domain, stated that Jamil, who leads the IPIC prosecution team working with seven DPPs and five investigating officers, is unanimous in taking the stance that the charges are 'hopeless'.
"They said the charges are non-starters as it does not meet a minimum requirement and threshold for the CBT charges to be brought to court and to secure a prima facie case against Najib and Irwan Serigar.
"That is a very damning opinion against the prosecution going any further.
"In order to prove our defence, we are asking the DPP to take a stance on whether this leaked document is true, exists and (is) genuine," he said.
Shafee added that the memo has become relevant because their defence argument is that the case is a total abuse of power and political persecution, especially when Thomas himself admitted he was a political appointee.
Meanwhile, Irwan Serigar's counsel Datuk K. Kumaraendran suggested that it was unfair for this matter to be discussed in this court.
However, the senior lawyer suggested the prosecution include people involved in the leaking of the said memo as potential witnesses.
Najib and Irwan Serigar were charged in Oct 2018 and had pleaded not guilty to six charges of CBT involving government funds used as payments to the IPIC.
They allegedly committed the offences at the Finance Ministry complex in Putrajaya between Dec 21, 2016, and Dec 18, 2017.
The charges, under Section 409 of the Penal Code for CBT by a public servant or agent, carries a maximum 20 years' imprisonment, whipping and a fine upon conviction.