Hasanah Abdul Hamid been fully acquitted of RM50.4m CBT?

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Datuk Hasanah Abdul Hamid Fully Acquitted of RM50.4 Million CBT Charge

Datuk Hasanah Abdul Hamid, the former director-general of the Malaysian External Intelligence Organisation (MEIO), has been fully discharged and acquitted by the High Court of a criminal breach of trust (CBT) charge involving RM50.4 million of government funds. The Judicial Commissioner Roz Mawar Rozain made the decision after the prosecution did not object to the variation of an earlier discharge not amounting to acquittal (DNAA) order, meaning Hasanah cannot be retried for the same offence.
Discharge Amounting to Acquittal Granted

The High Court granted Hasanah a discharge amounting to an acquittal, signifying a final resolution to the case. This decision was based on the prosecution's indication that they did not wish to proceed further with the matter, and the Judicial Commissioner found it inappropriate to keep the charge pending against Hasanah for an extended period. The court acknowledged that it was not fair for the charge to remain unresolved for over a year.
Legal Basis for Full Acquittal

The application for a full acquittal was premised on the argument that the prosecution's case was no longer tenable. Hasanah's lawyer contended that the prosecution could not proceed due to the collapse of key elements of their case, including the inability to produce the main exhibit related to the charge. Deputy public prosecutor Mohd Fairuz Johari, representing the Attorney General's Chambers, did not object to the application, agreeing that a full acquittal was the "appropriate and fit" conclusion.
Previous Discharge and Reconsideration

Previously, on April 12 of the preceding year, High Court judge Datuk Ahmad Shahrir Mohd Salleh had granted Hasanah a discharge not amounting to acquittal (DNAA). At that time, the prosecution stated they would not continue trial proceedings but indicated plans to potentially pursue charges in the future, which precluded a full acquittal. However, the current hearing saw a different outcome, with the prosecution consenting to a full discharge and acquittal.
Original Charge Details

Hasanah was initially charged on October 25, 2018, with committing CBT involving US$12.1 million (RM50.4 million) of funds belonging to the Malaysian government. The alleged offence occurred in her capacity as a civil servant within the Research Division of the Prime Minister’s Department in Putrajaya, between April 30, 2018, and May 9, 2018. The charge was brought under Section 409 of the Penal Code, which pertains to criminal breach of trust by a public servant and carries a penalty of imprisonment between two to 20 years, and potentially whipping and a fine.

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Hasanah Abdul Hamid been fully acquitted of RM50.4m CBT?

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