KUALA LUMPUR: The case against former spy chief Datuk Hasanah Ab Hamid involving RM50.4mil from government funds has been withdrawn following a new development discovered recently.

As a result, she was given a discharge not amounting to an acquittal (DNAA) by the High Court for her criminal breach of trust (CBT) case.

Justice Ahmad Shahrir Mohd Salleh said the prosecution made an application not to further prosecute the accused and explained a new development that it discovered.

“In the circumstances, I find the prosecution has provided good and valid grounds in exercising his powers under the law to not further prosecute the accused.

“I also find that the new development as explained by the learned DPP is a temporary impediment because the learned DPP confirms that the accused will be made to face the charge in future.

“Therefore, I hereby order the accused to be given a DNAA, ” he said here yesterday.

He noted that pursuant to Article 145(3) of the Federal Constitution, the Attorney General (AG) had the power to institute, conduct or discontinue any proceedings for an offence and this power was exercisable at the AG’s discretion.

This position was further reinforced under Section 376(1) of the Criminal Procedure Code that stated the AG had the control and direction of all criminal proceedings, he said.

Justice Ahmad Shahrir added that the court could not compel the prosecution to proceed with the case against the accused if it decided to withdraw.

The judge ordered for all exhibits produced and tendered before the court to be returned to the prosecution.

DPP Muhammad Iskandar Ahmad appeared for the prosecution while lawyer Datuk Suhaimi Ibrahim represented Hasanah.

Hasanah, the former director-general of the Malaysian External Intelligence Organisation (MEIO), pleaded not guilty to CBT involving US$12.1mil belonging to the Malaysian government at the Sessions Court on Oct 25,2018.

Hasanah, in her capacity as a civil servant, allegedly committed the offence at the office of the director-general of the Research Division of the Prime Minister’s Department in Putrajaya between April 30 and May 9,2018.

The charge under Section 409 of the Penal Code provides an imprisonment for up to 20 years, whipping and a fine, on conviction.

The case was transferred to the High Court and the prosecution’s trial began on Oct 6 last year.

The trial took a break after a two-day hearing and resumed this year on April 5.

A total of 10 witnesses testified over a span of 10 days.

https://www.thestar.com.my/news/nation/2021/04/13/ex-spy-chief-given-dnaa