Zahid’s aide had custody, control of his cheque books, court told

 

Former deputy prime minister Ahmad Zahid Hamidi attending his trial on 47 charges of money laundering and CBT in Kuala Lumpur today. (Bernama pic)

KUALA LUMPUR: Ahmad Zahid Hamidi cannot be held liable for allegedly committing 12 criminal breach of trust (CBT) offences as his personal and Yayasan Akalbudi cheque books were in the exclusive possession of his then executive secretary, the High Court heard here today.

Hamidi Mohd Noh, a counsel in the former deputy prime minister’s legal team, said Major Mazlina Mazlan @ Ramly had issued pre-signed cheques and those that carried a stamp of Zahid’s signature without his knowledge.

“Her (Mazlina’s) liability cannot be passed over to the accused for committing CBT because there was no act of dishonesty,” Hamidi said in his submission before trial judge Collin Lawrence Sequerah.

He said Mazlina, the prosecution’s star witness, had control and custody of the cheque books which she admitted under cross-examination.

“She also held the key to the drawer where the cheque books were kept. The accused did not have access,” he said.

Hamidi said the prosecution had also relied overly on Mazlina to prove their case, but she had been proven to be unreliable, incompetent and grossly negligent.

Zahid is on trial on 47 charges of money laundering and CBT involving funds from Yayasan Akalbudi, and accepting bribes for various projects during his tenure as the home minister.

Zahid’s trial began on Nov 18, 2019 and was heard for 52 days over a period of two years with 99 witnesses giving evidence.

Today, the defence began submission on the CBT charges that involved 52 cheques.

Thirty-four involved stamped cheques and 10 pre-signed cheques by Zahid that were used to make payments. Eight cheques were made out for other purposes.

The prosecution said in its opening statement that Zahid misappropriated RM31 million belonging to Yayasan Akalbudi, a duly incorporated charitable organisation set up to help the poor and needy.

It said the money trail would show that a substantial amount had been used to, among others, pay for personal credit card bills and make purchases for motor vehicle insurance policies and road tax for private vehicles.

Hamidi said the prosecution in a criminal trial must prove their case beyond reasonable doubt and cannot attach any criminal liability based on stamped and pre-signed cheques.

No blanket approval given

“They have not proven a prima facie case for CBT and the accused is entitled to an acquittal,” he said.

Hamidi said Mazlina had assumed that she had blanket approval from Zahid to issue cheques when he was not around.

“He never gave her such instructions but she had made a request once and approval was given,” he said, adding that Zahid was once a banker and knew procedures.

Hamidi said Mazlina under cross-examination had also agreed with the defence that the stamp signature of Zahid was to be used only for certificates and Hari Raya greeting cards.

During the trial, Mazlina testified that Zahid gave her permission to use a stamp carrying a replica of his signature on Yayasan Akalbudi cheques to settle credit card bills.

She said the stamp would be used when Zahid was out of his office, attending meetings or overseas.

The defence will continue its submission tomorrow. - FMT