Charges amended, Zahid maintains not guilty plea

The prosecution in Ahmad Zahid Hamidi's graft trial at the Kuala Lumpur High Court today applied to amend 12 criminal breach of trust charges and two corruption charges against the Umno president.

The application related to 12 CBT charges involved amending the phrase "entrusted with property" to "entrusted with dominion over property".

Deputy public prosecutor Raja Rozela Raja Toran also applied to omit the phrase "additional" from two corruption charges that originally read, for "... additional passport chip supply procurement."

Zahid, as trustee of Yayasan Akalbudi entrusted with dominion to its properly, maintained his not guilty plea and claimed trial to all 14 amended charges.

Raja Rozela appeared before judge Collin Lawrence Sequerah, who granted the application, on Day 31 of Zahid's CBT, corruption and money laundering trial.

According to the prosecutor, the phrase "entrusted with dominion over property" was used in the same charges mentioned at a lower court, but "inadvertently omitted" when the prosecution team reframed the charges from the Sessions Court.

"The missing phrase was not noticed until recently when we made preparations to wrap up our case. The reason for the amendment is that the charge as they stand now suggests the property in question is owned by the accused.

"This, my lord, does not reflect the actual position of the prosecution's case," she said.

Raja Rozela made the application under Article 145(3) of the Federal Constitution read together with Section 376(1) of the Criminal Procedure Code.

Article 145(3) states that the attorney-general has the discretion to initiate or discontinue any proceeding with the exception of proceedings heard at the syariah court, native court or military court.

Section 376(1) of the CPC meanwhile states that the attorney-general has control over all criminal charges and proceedings under the act.

With amendments to the corruption charges, Zahid as then home minister and a civil servant, is accused of receiving a bribe from Data Sonic Group Bhd director, as gratification for the company to be granted a five-year procurement contract to supply passport chips.

Zahid's counsel, Hisyam Teh Poh Teik, earlier objected to the application on grounds that they were only informed of the matter this morning.

Teh also pointed out that under Section 162 of the CPC, in the event of an amended charge, both prosecution and defence will be allowed to recall any witness in relation to the amendments made.

Sequerah dismissed the objection but noted the rights of both parties as argued by Teh.

Zahid is facing 47 charges, comprising 12 charges of criminal breach of trust, eight corruption charges and 27 charges of money laundering.

For the money laundering charges, Zahid is accused of receiving RM65 million through law firm Lewis & Co, with a majority of the amount used to place a fixed deposit in the law firm's name.

So far 85 witnesses have been called to testify.

The hearing continues tomorrow. - Mkini