PETALING JAYA: The Kuala Lumpur High Court has dismissed Datuk Seri Najib Razak’s bid for a permanent stay of the criminal breach of trust case involving RM6.6 billion from the 1Malaysia Development Bhd (1MDB) funds sent to the International Petroleum Investment Company (IPIC).

Free Malaysia Today reported that Judge Datuk Muhammad Jamil Hussin confirmed that Najib’s lawyer Tan Sri Muhammad Shafee Abdullah did not file a formal application.

Jamil added that the prosecution must be provided the opportunity to file an affidavit in reply.

Furthermore, he questioned if the court could give the discharge not amounting to acquittal (DNAA) sought by former treasury secretary-general Tan Sri Irwan Serigar Abdullah rather than the prosecution.

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Both the former Prime Minister and Irwan applied for a DNAA as the prosecution did not submit important documents to the defence.

Irwan’s lawyer, Datuk K Kumaraendran applied for the DNAA today while Shafee requested a permanent stay due to the prosecution not providing key documents to the defence despite the court ordering to do so four months ago.

The prosecution, handled by deputy public prosecutor Saifuddin Hashim Musaimi said his side did not have any control over this matter considering that the declassifying documents under the Official Secrets Act depended on the “respective ministries”, as quoted.

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Najib and Irwan were charged in October 2018 with six counts of criminal breach of trust in regards to the RM6.6 billion in government funds transferred to Abu Dhabi-owned corporation IPIC.

Jamil has “stood down”, as quoted, the proceedings for parties to submit the DNAA application.