
Judge Ahmad Shahrir Mohd Salleh made the order after the prosecution informed the court that it will not continue the prosecution against her.
“The DPP (deputy public prosecutor) indicates that the accused (Hasanah) will be made to face the charge at a later date. The prosecution also explains about a new development which was discovered.
“In the circumstances, I find that the prosecution has provided good and valid grounds in exercising its powers under the law to not further prosecute her and that the new development as explained by the DPP is a temporary impediment,” he said.
The court said the public prosecutor had exercised his discretion under Article 145(3) of the Federal Constitution not to proceed a charge against her.
“However, it is the duty of this court under Section 254(3) of the Criminal Procedure Code to consider whether she should be given a discharge not amounting to acquittal or an outright acquittal. This is a discretion which must be judicially exercised,” Shahrir said.
Today, hearing of Hasanah’s RM50 million CBT case was supposed to continue. So far, 10 witnesses have testified since her trial started on Oct 6, 2020.
Hasanah was accused of misappropriating RM50 million in government funds with which she was entrusted between April 30 and May 9, 2018.
Deputy public prosecutor Muhammad Iskandar Ahmad lead the prosecution with DPPs Mohd Fairuz Johari, Ahmed Farid Ahmad Kamal, Nor Diana Nor Azwa, Nur Afiqah Zakaria and Mohammad Fakhrurrazi Ahmad Salim.
Hasanah was represented by lawyers Suhaimi Ibrahim, Hamdan Hamzah, Muhammad Ashraff Mohd Diah and Izwan Ariff Ibrahim.
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