High Court frees ex-spy chief in RM50 million CBT case

The Kuala Lumpur High Court today acquitted and discharged former Malaysian External Intelligence Organisation (MEIO) director-general Hasanah Abdul Hamid of criminal breach of trust (CBT) involving US$12.1 million (RM50.4 million) belonging to the Malaysian government four years ago.

High Court judicial commissioner Roz Mawar Rozain made the ruling after allowing Hasanah’s application to free her of the charge, as there were no objections from deputy public prosecutor Mohd Fairuz Johari.

"Based on the fact that the prosecution has no desire to conduct the case, this court thus acquits and discharges Hasanah of the charge under Section 409 of the Penal Code.

"It is unfair, hanging her head over a year, and I don’t think justice is served that way," said Roz.

Earlier, Hasanah’s lawyer Suhaimi Ibrahim submitted that last year, High Court judge Ahmad Shahrir Mohd had granted a discharge not amounting to an acquittal (DNAA) to his client. He said until now, the prosecution had been unable to proceed with the case against Hasanah.
 
"They are not able to proceed anymore as the main ingredient collapsed. Subsequently, another issue is, they no longer have the main exhibit which is involved in the charge. The subject matter is no longer present. It is not wrong for the applicant in this case to submit that the prosecution’s case has collapsed," said Suhaimi.

On April 12, 2021, Shahrir granted Hasanah a DNAA after the prosecution applied not to continue with the case.

However, the prosecution indicated that Hasanah would be charged again in the future if there were new developments.

Shahrir said when the deputy public prosecutore exercised his powers under Section 254 (1) of the Criminal Procedure Code not to prosecute the accused further, it was the duty of the court under Section 254 (3) of the same law to consider whether the accused should be granted a discharge not amounting to an acquittal or acquitted and discharged.

The trial commenced on Oct 6, 2020, with a total of 10 prosecution witnesses testifying in the case.
 
On Oct 25, 2018, Hasanah, 65, pleaded not guilty to a charge of committing CBT amounting to US$12.1 (RM50.4 million) in funds belonging to the government when serving as the director-general of the research division in the Prime Minister’s Department.

She was charged with committing the offence at the office of the research division at the Prime Minister’s Department in Putrajaya between April 30 and May 9, 2018.

The charge, under Section 409 of the Penal Code, carried a maximum jail term of 20 years and whipping as well as a fine upon conviction.