The Attorney-General’s Chambers (AGC) did not object to Deputy Prime Minister Ahmad Zahid Hamidi’s application for full acquittal from 47 corruption charges involving Yayasan Akalbudi funds, the Kuala Lumpur High Court heard today.
“I was instructed to appear and not object to the application, which is why we did not file any affidavit in reply,” said deputy head of prosecution Badius Zaman Ahmad this morning.
Despite this, judge Nurulhuda Nur'aini Nor deferred her verdict on Zahid's application pending the disposal of another matter involving the Umno president’s discharged not amounting to an acquittal (DNAA) status in the Court of Appeal.
The other matter concerned the Malaysian Bar’s challenge against Zahid’s DNAA filed in 2023, where its leave application was dismissed in 2024.
The Bar subsequently filed an appeal against the decision, which the Court of Appeal will decide on April 8.
“This is something that is a question or a matter of public interest. It is not for this court to usurp the Court of Appeal’s power to decide on (Zahid’s application) now.
“The court will not make any decision yet, even though the prosecution has indicated that they are not objecting to it.
“Because whatever decision by this court will actually determine the Court of Appeal’s proceeding on the (the Bar’s) leave application appeal, the court will not make any decision as yet until and after the decision of the Court of Appeal is delivered,” she said before fixing April 24 to hear Zahid’s application.
The court also invited the Bar to appear as amicus curiae in Zahid's application.
No locus standi
Earlier, Zahid’s lawyer Hisyam Teh Poh Teik objected to the Bar’s opposition to Zahid’s application, which was conveyed in a letter sent to the court yesterday and distributed to parties this morning.
“It is our respectful position that the Malaysian Bar has no say in this application whatsoever. They cannot just write a letter and come to the court and say ‘I object’.
“They must satisfy the court and state under which provisions of the law they base their objection,” he said.
He further submitted that private persons or entities do not have locus standi to object or be involved in a criminal matter.
“They don’t have locus standi to come in (or) appeal before the court and I object to their application. To allow the Malaysian Bar to object would erode or diminish the role of the attorney-general or public prosecutor.
“In the event that the court allows the Bar’s objection, which is not a party to this application, (it would) amount to infringing or whittling down the power of authority of the public prosecutor.
“The only order the court can give is full acquittal as the public prosecutor did not want to proceed further,” he said.
On the AGC’s side, Badius did not state any stance on the Bar's objection and left the matter to the court.
Zahid was charged in 2018 and 2019 with 12 counts of criminal breach of trust (CBT), eight bribery charges and 27 money laundering charges involving Yayasan Akalbudi funds.
He was granted DNAA on Sept 4, 2023. At the time, the trial before judge Collin Lawrence Sequerah was at the defence stage.
The septuagenarian had filed his application in seeking full acquittal on Jan 28 this year, following the AGC declaring no further action on Zahid’s charges. - Mkini
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