Can Hasanah be retried for the same Section 409 offence?

Question

Accepted Answer

Datuk Hasanah Abdul Hamid Cannot Be Retried for the Same RM50.4 Million CBT Offence

Datuk Hasanah Abdul Hamid has been fully discharged and acquitted by the High Court of criminal breach of trust (CBT) involving RM50.4 million in government funds. This acquittal means she cannot be prosecuted again for the same charge under Section 409 of the Penal Code. The prosecution did not object to the application for a full acquittal, with the Judicial Commissioner deeming it unfair for the charge to remain pending for over a year.
Full Acquittal Granted by High Court

The High Court granted Datuk Hasanah Abdul Hamid a full discharge and acquittal for the criminal breach of trust charge concerning RM50.4 million. This decision, delivered by Judicial Commissioner Roz Mawar Rozain, effectively ends the legal proceedings against her for this specific offence. The prosecution explicitly stated they did not object to the application for a full acquittal, signalling an end to their pursuit of the case.
Implications of Full Acquittal

A full discharge and acquittal under Section 409 of the Penal Code prevents Hasanah from being charged and tried again for the same offence. This is a significant legal outcome, contrasting with a discharge not amounting to acquittal (DNAA) which allows for future prosecution. The Judicial Commissioner noted that it was not fair to have the charge hanging over her head for more than a year, indicating a move towards finality in the legal process.
Background of the Charge

Hasanah was initially charged on October 25, 2018, with committing CBT over US$12.1 million, equivalent to RM50.4 million, of government funds. The alleged offence occurred between April 30, 2018, and May 9, 2018, while she served as a civil servant in the Research Division of the Prime Minister’s Department. The charge fell under Section 409 of the Penal Code, which pertains to criminal breach of trust by a public servant.
Shift from Previous Order

Previously, on April 12 of the preceding year, Hasanah had been granted a discharge not amounting to acquittal (DNAA). At that time, the prosecution had indicated an intention to pursue charges in the future. However, the circumstances evolved, leading to the prosecution's non-objection to the amended order for a full acquittal, signifying a change in their stance on continuing the case.

Reading history

Hide →

This history is cleared when the page is closed.

Can Hasanah be retried for the same Section 409 offence?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends