The Shah Alam High Court was told today that Ahmad Zahid Hamidi as a public servant, ie the home minister, should not be receiving cash contributions or valuables, based on Section 165 of the Penal Code.
Deputy public prosecutor Raja Rozela Raja Toran said receiving such contributions by Zahid was like making a mockery of the law.
“He was a public servant, so looking at him as a public servant, as an officer of a public body and not as a politician.
“He may be a politician, My Lord, but at the material time, he was holding the position of minister, and his salary was paid by the government, using taxpayers’ money. He was paid to serve the public,” said Raja Rozela in her submission at the end of the prosecution’s case.
Section 165 of the Penal Code states that whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any valuable thing, without consideration, from a person concerned in any proceeding or business transacted by a such public servant, commits an offence which carries a jail term of up to two years or a fine or both.
Raja Rozela said the existing laws such as Section 165 of the Penal Code, Malaysian Anti-Corruption Commission Act 2009 and Income Tax Act 1967 did not recognise political contributions to individuals in their capacity as public servants.
She contended that it was illogical for Ultra Kirana Sdn Bhd (UKSB) to make monthly payments to Zahid for a period of four years while he was home minister.
“If political contributions, these should not have been disbursed this way. It should be in one payment but in this case, the payment was made monthly for four years. The payments were made to him (Zahid), not to Umno,” she said.
Zahid, 69, faces 33 charges of receiving bribes amounting to SG$13.56 million from UKSB for himself as the then Home Minister to extend the contract of the company as the operator of the OSC service in China and the VLN system, as well as to maintain the contract agreement to supply the VLN integrated system to the same company by the ministry.
On another seven counts, he was charged with obtaining for himself SG$1,150,000, RM3 million, 15,000 Swiss francs and US$15,000 from the same company which had official links with his official duty.
He was charged with committing the offences at Seri Satria, Precinct 16, Putrajaya, and Country Heights, Kajang between October 2014 and March 2018.
The prosecution will continue its submission before judge Mohd Yazid Mustafa tomorrow.
- Bernama
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