Will Hasanah face trial again for the RM50.4 million CBT charge?

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Hasanah Abdul Hamid May Face Trial Again for RM50.4 Million CBT Charge

Datuk Hasanah Abdul Hamid has been granted a discharge not amounting to acquittal (DNAA) by the High Court in her criminal breach of trust trial involving RM50.4 million. The prosecution has indicated its intention not to proceed with the trial at this juncture but reserves the right to prosecute her on the same charges in the future. A DNAA signifies that while Hasanah is released from the immediate charges, the possibility of these charges being reinstated and a trial recommencing remains open should the prosecution decide to do so.
Prosecution's Stance on Future Proceedings

The prosecution informed the High Court that they would not be continuing the trial proceedings against Hasanah at the present time. This decision was based on new developments that have come to light. Despite the temporary halt, the Deputy Public Prosecutor explicitly stated the intention to prosecute Hasanah for the same charges at a later date. This indicates that the case is not definitively closed but rather paused, with the prosecution anticipating a future opportunity to pursue the charges.
Nature of a Discharge Not Amounting to Acquittal (DNAA)

A discharge not amounting to acquittal (DNAA) differs significantly from an outright acquittal. While an acquittal permanently dismisses the charges against an accused, a DNAA means the individual is released from the current charges but can be re-charged and face trial for the same offence if the prosecution decides to do so. This legal outcome allows the prosecution to effectively pause proceedings without prejudice to their ability to bring the charges back at a later point, especially if circumstances change or further evidence emerges.
The Original Charge and Trial Commencement

Hasanah was initially charged with criminal breach of trust involving US$12.1 million, equivalent to RM50.4 million, of government funds. The alleged offence occurred between April 30, 2018, and May 9, 2018, and falls under Section 409 of the Penal Code, which pertains to criminal breach of trust by a public servant. This charge carries a potential penalty of imprisonment ranging from two to 20 years, along with possible whipping and a fine upon conviction. The trial for this case had commenced in October 2020, with testimony from the eighth prosecution witness having been presented recently before the current development.

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Will Hasanah face trial again for the RM50.4 million CBT charge?

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