High Court judge Mohamad Zaini Mazlan acquitted Rizal after ad-hoc prosecutor Gopal Sri Ram informed him that the prosecution was withdrawing the charges against him.
“We are offering no evidence against him and apply that he be removed from the dock,” Sri Ram said.
Last April, Rizal was charged with soliciting and receiving bribes for himself and Najib’s wife Rosmah Mansor amounting to RM5.5 million involving a project to supply and install solar energy to rural schools in Sarawak.
He was charged under the Malaysian Anti-Corruption Commission Act 2009.
The offences are punishable under Section 24 of the same act, which provides for a jail term of up to 20 years and a fine of not less than five times the amount or value of the bribe, or RM10,000, whichever is higher.
Rosmah faces two charges of soliciting RM187.5 million and one charge of receiving RM1.5 million three years ago for the supply and installation of solar energy to rural schools.
Zaini last year fixed the joint trial of Rosmah and Rizal over a 32-day period from Feb 3 to April 30.
Only Rosmah will now stand trial.
The solar project courted controversy when whistleblower website Sarawak Report alleged in June 2018 that Najib had ordered the contract to be awarded to Jepak Holdings, a transportation services company based in Bintulu.
Jepak Holdings was appointed at the end of 2016 for the supply of diesel and repair of generators, and to provide solar hybrid systems for 369 rural schools in Sarawak.
To date, none of the schools has these systems.
Meanwhile, Rosmah’s lead counsel Jagjit Singh expressed disappointment that the prosecution withdrew the charges against Rizal close to the trial date as it disrupted the preparation of their client’s defence.
“We had raised the issue of accomplice and principal witness last year. The withdrawal shows the prosecution’s lack of sincerity,” he said.
He applied for the trial to begin in April as the defence now has to reorganise its case.
“Justice is not only for the state but for accused persons,” he said.
Sri Ram said there was nothing spectacular about withdrawing charges against an accused person as it was a common occurrence.
“There is no lack of sincerity. We could have withdrawn the charges just before the trial started,” Sri Ram said, adding that he could only make a decision after speaking to the public prosecutor.
Zaini refused Jagjit’s application to delay the trial but said he would be flexible during the proceedings.
“I will conduct a fair trial. Feel free to ask for favours and I will accommodate,” he added.