SRC DNAA: Time for the Attorney General to Act and Deliver Reform

✍️ By: Dzulkifli Ahmad

Former Chief Commissioner of MACC / Former Deputy Public Prosecutor

The High Court’s decision to grant a Discharge Not Amounting to Acquittal (DNAA) to Datuk Seri Najib Razak in the SRC International money laundering case has reignited critical concerns about the integrity, professionalism, and accountability of prosecutorial decisions in Malaysia.

The charges, filed in 2019 under then Attorney General Tan Sri Tommy Thomas, involved RM27 million under the Anti-Money Laundering Act (AMLA). Now in 2025, the prosecution has admitted that it is still not ready to proceed. 

This is not more than delay — it reflects a failure of prosecutorial governance that must be addressed urgently.

🔍 Why This Matters

1. Why charge if the case isn’t ready?

A prosecution should only proceed when there is sufficient, admissible evidence, and the prosecution is trial-ready. Anything less undermines due process and the rule of law.

2. What happened under two successive AGs?

Under Tan Sri Idrus Harun and Tan Sri Ahmad Terriruddin Mohd Salleh, the case stagnated. No meaningful review. No resolution. This signals a breakdown in internal accountability.

3. Does this violate constitutional rights?

Yes. The delay infringes Article 5(1) — the right to a fair and expeditious trial — and Article 8(1) of the Federal Constitution, which guarantees equality before the law. Selective delay and prolonged inaction offend these basic constitutional principles.

4. What does a DNAA mean?

It is not an acquittal, not a conviction — just an indefinite suspension. It leaves the accused in legal limbo and the public without closure or confidence.

⚖️ What Must Be Done

Under the leadership of Tan Sri Mohd Dusuki Mokhtar, the Attorney General's Chambers must act decisively to restore institutional integrity and uphold the rule of law:

✅ Ensure all future charges are based on sufficient, admissible evidence — and are ready for trial from day one.

✅ Institutionalise internal review procedures to monitor and act on long-pending or high-profile cases.

✅ Lead long-overdue reform: separate the roles of Attorney General and Public Prosecutor to eliminate conflicts of interest and reinforce prosecutorial independence.

💡 A Justice System That Works — Not One That Waits

Justice cannot be charged today, delayed for years, and justified later.

If the legal system is to be respected, it must be transparent, efficient, and independent.

Malaysia cannot afford a justice system where high-profile cases are charged for headlines — but never tried in court.

This is not the time for institutional silence. This is the time to act.

Reform must begin with a professional, principled, and prepared prosecutorial authority — and the Attorney General must lead that charge without fear or favour.

🔗 “Justice must not only be done — it must be seen to be done.”