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 in 1Malaysia Development Bhd funds.
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.
Earlier, Shafee applied for a permanent stay of proceedings against his client on the grounds that the former prime minister would not receive a fair trial due to the prosecution's failure to declassify important documents related to the case.
"It is submitted that the prosecution's failure in properly framing the charge has breached Najib's right to a fair trial. If Najib is directed to proceed with the trial, it will amount to an abuse of the court's process," he said.
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, had applied for a discharge not amounting to an acquittal (DNAA) against his client.
Shafee also alternatively requested a discharge not amounting to an acquittal (DNAA).
Shafee also described the sheer volume of cases his client faces as "carpet bombing", claiming it had stretched the defence and Najib to breaking point.
Shafee said Najib was battling seven criminal cases in different courts while also defending multiple civil suits. The relentless schedule requires him to appear in court almost every week, leaving little time for rest or preparation.
"He is appearing in court every week. We are equally 'carpet-bombed,' preparing cases, some of which are unusually difficult to handle."
Shafee argued that preparing for the cases was unusually challenging as Najib's incarceration limits their ability to meet and strategise effectively.
Meanwhile, Deputy public prosecutor Muhammad Saifudddin Hashim Musaimi argued that the prosecution had no control over the classified documents under the Official Secrets Act.
He said the documents involve those from the Ministry of Finance, the Ministry of Energy Transition and Water Transformation, and the Land Public Transport Commission (now the Land Public Transport Agency).
"For the Ministry of Finance and the Ministry of Energy Transition and Water Transformation, the documents are still in the process of being downgraded.
"As for SPAD, since the commission has been dissolved, we have been informed that the documents are no longer in their possession.
"The process of downgrading documents classified as secret or confidential is not under the prosecution's control. It is subject to the relevant agencies that hold these documents to determine whether they can be downgraded or otherwise," he said.
The judge then fixed Nov 27 for further hearing, instructing all parties to prepare arguments on whether the court has the authority to grant a 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).
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.