KUALA LUMPUR (Aug 9): The High Court has fully acquitted Datuk Hasanah Abdul Hamid, the former director general of the Malaysian External Intelligence Organisation (MEIO), of charges involving RM50.4 million in her criminal breach of trust (CBT) trial as the “main ingredient” of the case against her had collapsed.

Judicial Commissioner Roz Mawar Rozain on Tuesday (Aug 9) granted Hasanah a discharge amounting to an acquittal following an application by her lawyer Datuk Suhaimi Ibrahim.

Previously, Hasanah was granted a discharge not amounting to an acquittal (DNAA), which meant she was released from her charges but could face trial for the same charges in the future should the prosecution decide to charge her again.

The granting of a discharge amounting to an acquittal means that she is no longer liable to be charged on the same charges by the prosecution. In other words, she is discharged and acquitted of all charges against her.

In making the application, Suhaimi told the court that the prosecution was not able to continue with the trial or to charge her again as the “main ingredient” of the case against her had collapsed, but did not explain further.

“They (the prosecution) are not allowed to proceed anymore, as the main ingredient of their case collapsed. Subsequently, [on] another issue, they no longer have the main exhibit involved in the charge. The subject matter is no longer present,” the lawyer said but did not elaborate on the said subject matter.

In essence, the prosecution could not prove that she had misappropriated funds meant for the government which she received in her capacity as director general of the Research Division of the Prime Minister's Department.

Prosecutor Mohd Fairuz Johari did not object to the application.

In her decision, Roz Mawar said she will stay “faithful and true to the law” as the court has the power to grant a full acquittal.

“Based on the fact that the prosecution does not desire to [continue] conducting the matter, this court is going to allow a discharge amounting to an acquittal to the applicant (Hasanah).

“It’s not fair to have it hung over her head [for] more than a year now. I do not think justice is served,” she added.

The former director general of the now-defunct MEIO pleaded not guilty on Oct 25, 2018 to the CBT charge that involves RM50.4 million that was allocated to the agency by the government.

The offence was allegedly committed in the Prime Minister’s Department in Putrajaya between April 30 and May 9. If convicted, the offence is punishable under Section 409 of the Penal Code, with up to 20 years in jail and whipping, and a fine.

Hasanah rose to prominence in 2018 when her letter to the then-US Central Intelligence Agency (CIA) director Gina Haspel was leaked to the public. In the letter that was sent a week before the 14th general election in May 2018, she sought US support for the incumbent government of Barisan Nasional.

It was later confirmed that the letter was genuine, but Hasanah argued that as it was classified under the Official Secrets Act, it should not have been leaked.

At the time, Hasanah said in a press statement that it was routine for the Malaysian intelligence agency directors to exchange views and strengthen ties and trust, including with the CIA.

Following the revelation, she lodged a police report in an attempt to find the culprit who leaked the letter.

In April last year, her trial came to an abrupt halt when High Court judge Datuk Ahmad Shahrir Mohd Salleh granted her a DNAA after prosecutors indicated to the court that she would be made to face charges at a later date. Although the deputy public prosecutor had asked for the DNAA, no further charges had been brought against her since then.

Her trial started in October 2020 with eight witnesses having testified.

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High Court grants discharge not amounting to acquittal to ex-spy chief in RM50m CBT case