KUALA LUMPUR: Datuk Seri Najib Razak failed to get a permanent stay in his criminal breach of trust trial with Tan Sri Mohd Irwan Serigar Abdullah involving RM6.6 billion of the 1Malaysia Development Bhd (1MDB) financial scandal.
Judge Datuk Muhammad Jamil Hussin today rejected the bid on the grounds that there was no formal application made by the former prime minister's legal team led by Tan Sri Muhammad Shafee Abdullah.
"The prosecution must be given an opportunity to file an affidavit," he said.
Shafee submitted for the court to grant a permanent stay of proceedings against his client at the outset and alternatively requested a discharge not amounting to an acquittal (DNAA).
A permanent stay of proceedings is more commonly associated with civil cases, but it can also be applied in criminal cases under specific circumstances.
Earlier, Datuk K. Kumaraendran who appeared for Irwan applied for discharge not amounting to acquittal (DNAA) against his client.
At press time, the court took a 30-minute break, instructing all parties to prepare arguments on whether it has the authority to grant a discharge not amounting to an acquittal (DNAA) without an application from the prosecution.
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).