KUALA LUMPUR: The High Court here has dismissed an application by former premier Datuk Seri Najib Razak and former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah who sought for a discharge not amounting to an acquittal (DNAA) from six counts of criminal breach of trust involving RM6.6bil that they are facing since 2018.

       Justice Muhammad Jamil Hussin, in his brief ruling, made the dismissal after considering that the prosecution is ready to proceed with the trial.

       He said the trial dates - fixed for a 32-day hearing in September last year - was previously scheduled but the dates have been vacated as requested by the prosecution and not objected by the defence teams of both men.

       "The application to grant a discharge not amounting to an acquittal in adherence to Section 254 of the Criminal Procedure Code can only be allowed if the prosecution has no intention to pursue the case," the judge said here in open court proceedings on Thursday (March 3).

       Justice Muhammad Jamil then fixed April 1- 4, April 8-11 and the entire of May next year for the new trial dates in the case.

       Najib and Mohd Irwan's defence teams had made the application on grounds that the case against their clients had not been heard until Thursday (March 3).

       Earlier, Mohd Irwan's lawyer Datuk K. Kumaraendran sought for his client to be granted the DNAA not because they doubted the court process or the prosecution but due to the case being stalled for three and a half years.

       He said the case has gone through case mentions at the court for a total of 14 times since October 2018.

       "The case has been suspended because there were no suitable trial dates as the first accused, Najib, is still being tried for his other cases in different courts and we were informed by his lawyers that the only dates available are in 2023," he said.

       Kumaraendran said if the application was allowed by the court, the prosecution could recharge the men at any time.

       Meanwhile, Najib's lawyer Wan Aizuddin Wan Mohammed echoed Kumaraendran's argument and said that the hearing in the case against Najib has not started despite being charged four years ago.

       "At the same time, there are several documents we sought from the prosecution under Section 51A of the Criminal Procedure Code (CPC) are yet to be completed.

       "Therefore, we seek for a DNAA to be granted on our client," he said.

       Deputy Public Prosecutor Muhammad Saifuddin Hashim Musaimi objected to the application and said it would be unfair for the court to allow for both men to be granted a DNAA at this stage when the hearing has not begun.

       He said the prosecution was ready to proceed where document handovers have been done three times under Section 51A of the CPC.

       "The prosecution is representing 34 million public members who want to see this case being tried, not for (the accused to be granted) a DNAA. We are ready to prove the charges against both accused," he said.

       On Oct 25, 2018, Najib, 68, and Mohd Irwan Serigar, 64, pleaded not guilty to six charges of CBT amounting to RM6.6bil in government funds involving payments to International Petroleum Investment Company (IPIC).

       Najib and Mohd Irwan were jointly accused of committing all the offences at the Finance Ministry Complex, Putrajaya between Dec 21, 2016, and Dec 18, 2017.

       They were charged under Section 409 of the Penal Code read together with Section 34 of the same code, which provides for a maximum of 20 years’ jail and whipping as well as a fine upon conviction.