Amid criticism for declaring no further action (NFA) on 47 corruption charges involving Deputy Prime Minister Ahmad Zahid Hamidi, Attorney-General Dusuki Mokhtar today stressed that he did not come to the decision lightly.
Speaking to reporters after attending the Opening of the Legal Year 2026 in Kuala Lumpur, Dusuki compared the Attorney-General’s Chambers’ decision in Zahid’s case with other cases convicted by a lower court but were later reviewed on appeal.
“This happens often, even after a conviction. So, when people say there was already a prima facie case (and so it should not be reviewed)… that is an inaccurate view, with due respect.
“The case (against Zahid) had been diluted. That is why we made the decision for NFA. I did not make this decision lightly,” he said.
Dusuki reiterated that while the High Court had ruled for Zahid to enter his defence, further investigations based on six additional representations found that the case linked to Yayasan Akalbudi has been “diluted”.
“We used our powers under the law; that was the prima facie basis.
“But when we looked again through further investigations, we found many flows of money. That is the main issue.
“That (further investigations) caused the earlier case called for defence to be ‘diluted’. So, we exercised our powers. There is no need for us to continue because circumstances have changed,” said Dusuki.
Zahid was granted a discharge not amounting to acquittal (DNAA) on Sept 4, 2023. At the time, Dusuki had taken over the lead prosecutor’s role from Raja Rozela Raja Toran.
Prima facie is a Latin term. In legal terms, it means there is sufficient evidence to support a case at the end of the prosecution stage.
On Jan 8, the AGC declared it would not pursue the charges, referring to detailed investigations carried out by MACC covering aspects related to the source of funds, methods of acquisition, and the use of the funds concerned in making the decision.
Shortcomings in Zahid’s cases
Dusuki acknowledged that various quarters had questioned AGC’s decision despite a prima facie case having been established against Zahid.
“When he (Zahid) was charged, there were many shortcomings at the time. Some people questioned why there was a prima facie case then, and why we are reviewing it again now.
“We reviewed it again because of the representations made earlier. There were six representations. We re-examined the facts that we needed to look at, legal issues and so on,” he said.
Following the NFA decision, Zahid’s lawyer, Hisyam Teh Poh Teik, said an application would be filed to convert the initial DNAA granted to the Umno president into a discharge amounting to an acquittal.
Asked on the matter, Dusuki said no decision has been made, adding that it will be deliberated only after it has been filed.
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