Justice Jamil Hussin said lawyer Shafee Abdullah, who is appearing for the former prime minister, did not file a formal application.

“The prosecution must be given the opportunity to file an affidavit in reply,” he said.

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

Najib and Irwan, who were jointly charged with the offence, applied for a DNAA as the prosecution had yet to supply key documents to the defence.

Lawyer K Kumaraendran, appearing for Irwan, applied for the DNAA today while Shafee sought a permanent stay as the prosecution had not given the documents to the defence despite a court directive four months ago.

Deputy public prosecutor Saifuddin Hashim Musaimi said the prosecution had no control over this as the declassification of documents under the Official Secrets Act was up to the respective ministries.

Najib and Irwan were charged in 2018 with six counts of misappropriating public funds intended for payment to IPIC, an Abu Dhabi-owned corporation.

Jamil has stood down the proceedings for parties to submit on the DNAA application.