KUALA LUMPUR: Datuk Seri Najib Razak and Tan Sri Mohd Irwan Serigar Abdullah have failed in their bid to obtain a discharge not amounting to acquittal (DNAA) on RM6.6 billion criminal breach of trust charges linked to the 1Malaysia Development Berhad (1MDB) financial scandal.
The former prime minister and the former company adviser had sought a DNAA after the prosecution failed to submit complete documents for the case, despite the charges being filed six years ago.
This was the third postponement granted by judge Datuk Muhammad Jamil Hussin since June this year for the same reason.
In today's proceeding, Deputy Public Prosecutor Muhammad Saifuddin Hashim Musaimi told the court that the prosecution was ready to start its case.
However, lawyer Datuk K. Kumaraendran, representing Irwan, informed the court that they had yet to receive complete files of documents, including declassified documents.
The senior lawyer said he was not able to prepare their defence as those documents were referred to his client during investigation by the Malaysian Anti-Corruption Commission (MACC).
"If the prosecution insists on continuing, my client will not get a fair trial.
"The prosecution informed me that there are two bundles of documents yet to be declassified which are important to my client.
"Surprisingly, my Lord, the investigating officer informed me through the prosecution that they will hand over 100 more documents, including the declassified ones, to us.
"However, the prosecution said they do not know when the documents will be declassified.
"This is why I am asking for a DNAA... when they (prosecution) are prepared with the necessary documents, my client will be ready to face the charges," he said.
Najib's lawyer, Muhammad Farhan Muhammad Shafee, also echoed Kumaraendran's suggestion for the DNAA as the documents were relevant to his client as well.
"The documents involve an internal memo in the Finance Ministry and the Treasury department.
"It goes straight to the heart of the criminal breach of trust charges.
"Now, they (the prosecution) are telling us there are hundreds more documents that they will serve, the status of which we do not know," he said.
Saifuddin, however, objected to the DNAA's request by stating that could start the trial by calling formal witnesses to testify.
The prosecutor also updated the court on the status of the declassification, stating that they had sent a request to the relevant ministry, which replied that the process was ongoing.
"However, we cannot guarantee when the process will be completed.
"The Attorney-General's Chambers (AGC) do not have the power to declassify documents under the Official Secrets Act as it is under the purview of the department involved," he said.
The court then dismissed Najib and Irwan's request for the DNAA and set Nov 14 for the next hearing to give time for the prosecution to sort out and declassify documents for the trial.
The court also stressed that there should be no more postponement.
"I believe three months is enough for the prosecution to get things done," he added.
Najib and Irwan were charged in October 2018 and had pleaded not guilty to six counts of CBT involving government funds used as payments to the International Petroleum Investment Company (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, carry a maximum of 20 years' imprisonment, caning and a fine upon conviction.
The trial will be the fourth of five trials faced by Najib, who has already been found guilty of seven counts of CBT, money laundering, and abuse of power concerning SRC International Sdn Bhd funds.