The Center to Combat Corruption and Cronyism (C4) said the prosecution’s failure to deliver 200 sets of documents to the defence raised serious questions about the AGC’s ability to perform its duties.
“Does the AGC not have sufficient stature to ensure inter-agency cooperation for prosecutions? If not, is this indicative of a major flaw in the effectiveness of the Malaysian criminal justice system?” it said in a statement.
C4 urged the AGC to explain the failure to declassify and deliver the documents, which are still under the Official Secrets Act (OSA), when the prosecution had six years to do so.
It also urged the government to amend the OSA to remove the arbitrary power to classify documents as official secrets, which is currently granted to any minister, chief minister, or public officer.
“If the government is serious about an impactful anti-corruption effort, it must immediately address how the OSA can shut down prosecution for public sector corruption,” it said.
The Kuala Lumpur High Court granted Najib and Irwan’s application for a discharge not amounting to an acquittal (DNAA) in their IPIC case yesterday following the prosecution’s failure to supply key documents to the defence.
Najib and Irwan were charged in 2018 with six counts of misappropriating public funds intended for payment to IPIC, an Abu Dhabi-owned corporation.
Justice Jamil Hussin said the documents were not delivered to the defence despite the trial dates being fixed, describing this as “an inordinate delay”.
The prosecution previously said some documents had been handed to the defence but that others from several ministries could not be given as they were under the OSA.
Separately, Kepong MP Lim Lip Eng urged the AGC to review the IPIC case to confirm if it had evidence to back the initial charges against Najib and Irwan.
“The AGC needs to review this case immediately and, if there is solid evidence, Najib and Irwan must be charged again without any delay.
“All important documents needed for the prosecution of the pair must be fully prepared and submitted in a thorough and orderly manner, so that the trial can proceed smoothly without any technical issues or hindrance,” he said in a statement.
Lim added that the case was a major test of the AGC’s commitment to the rule of law and justice.