Former deputy law minister Hanipa Maidin said the reasons of the Attorney-General’s Chambers for taking no further action (NFA) in Deputy Prime Minister Ahmad Zahid Hamidi’s Yayasan Akalbudi case are “laughable” and “hilarious”.
The former Sepang MP noted that the prosecution team in the case previously succeeded in convincing the trial court that a prima facie case had been established, resulting in Zahid being ordered to enter his defence.
“Prima facie”, a Latin term meaning “based on the first impression”, is used in court to indicate that the prosecution has presented sufficient initial evidence to proceed to trial.
Hanipa pointed out that the AGC’s reasoning would only make sense if Zahid was never called to enter his defence for the 47 criminal charges he faced over alleged misuse of RM27 million in funds from Yayasan Akalbudi, a charity founded by the Umno president.
He added that, as the defendant, it was Zahid’s responsibility to raise a reasonable doubt against the prosecution’s arguments.
“The AGC’s statements that review of the evidence showed it was insufficient to sustain a prosecution is, with due respect, laughable. Worse, some even argue the AGC’s justification stinks to high heaven.
“To the AGC, let it be reminded that once the prosecution has passed the required threshold at the prosecution stage, the issue of insufficient evidence to sustain a prosecution, with due respect, should not have arisen at all,” he said in a statement yesterday.
Other lawyers have expressed similar concerns, with DAP deputy secretary-general Ramkarpal Singh saying the AGC’s statement lacked substance.
On Thursday (Jan 8), the AGC said no further action will be taken in relation to a discharge not amounting to an acquittal (DNAA) granted to Zahid on the 47 charges.
It said a review of all materials and new evidence found that there was insufficient evidence to continue prosecuting the case.
On Tuesday, Zahid reaffirmed that Umno would remain in the government until the end of the current parliamentary term, prompting Kedah Menteri Besar Sanusi Nor to suggest that the former’s “legal burdens” had influenced the party’s decision.
Case progression
In January 2022, High Court judge Colin Lawrence Sequerah ordered Zahid to enter his defence in the Yayasan Akalbudi case after finding that a prima facie case had been established.
Despite succeeding in establishing their case against Zahid, the prosecution, however, applied for a DNAA in April 2023, ostensibly because further investigations were required.
Three months after the issuance of the DNAA, the Malaysian Bar filed a legal challenge against the AG’s decision, stating it was part of its statutory duty to uphold the cause of justice without fear or favour.
In June 2024, the High Court denied leave for the Bar to proceed with its judicial review.
Civil court judge Amarjeet Singh ruled that the issue of the AG’s power to commence or discontinue criminal proceedings is generally not a matter that the courts can preside on.
Alleged offences
Zahid was facing 12 charges for criminal breach of trust (CBT) under Section 409 of the Penal Code; eight charges under Section 16(a)(B) of the MACC Act 2009; and 27 charges under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
For the CBT charges, Zahid was accused of using the funds to make six payments for his personal credit card usage, insurance policy, and licences for his personal vehicles; remittances to a law firm; and contributions to the Royal Malaysia Police Football Association.
The offences were allegedly perpetrated at an Affin Bank Berhad branch in Jalan Bunus off Jalan Masjid India, Kuala Lumpur, between Jan 13, 2014, and Dec 23, 2016.
Under Section 409 of the Penal Code, CBT offences are punishable with a maximum jail term of 20 years, as well as whipping and a fine.
In relation to the eight bribery charges, Zahid was purported to have accepted bribes from three firms - Mastoro Kenny IT Consultant & Services, Datasonic Group Bhd, and Profound Radiance Sdn Bhd - as inducement for him in his then capacity as home minister to help the companies to secure MyEG projects, supply passport chips, and to be appointed the operator of the migrant visa one-stop centres in Pakistan and Nepal, respectively.
Laid under Section 16(a)(B) of the MACC Act 2009, the offences were allegedly committed at a Maybank branch at Dataran Maybank, in Jalan Maarof, Bangsar, Kuala Lumpur, between July 15, 2016, and March 15, 2018.
On the 27 money laundering charges, the Bagan Datuk MP was alleged to have engaged in direct transactions involving income from illegal activities between March 29, 2016, and April 11, 2018.
The offences were purportedly committed at the Malayan Banking Berhad, Dataran Maybank branch, Level 1, Tower A, No. 1 Jalan Maarof, Bangsar, and Marhaba Enterprise Sdn Bhd, LG 1.15, Fahrenheit88, 179 Jalan Bukit Bintang, Kuala Lumpur, between March 29, 2016, and April 11, 2018. - Mkini
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