SHAH ALAM: The prosecution has established a prima facie case against Ahmad Zahid Hamidi for the offence of obtaining a “valuable thing” without consideration in his capacity as a public servant, the High Court heard today.
Deputy public prosecutor Raja Rozela Raja Toran said Zahid, then a Cabinet minister, obtained cash from Ultra Kirana Sdn Bhd (UKSB), a contractor appointed by his ministry.
She said prosecution witness Sheeba Kunmiho had given evidence that Zahid was appointed the home minister in May 2013 and that the appointment was subsequently gazetted.
“This means he was a public servant as defined in Section 21(i) of the Penal Code.
“He was entrusted to perform a public duty and he was paid for that,” she said in her submission.
Raja Rozela, who is leading the prosecution team, said Zahid also knew that UKSB already had business dealings with the home ministry even before his appointment.
“We have shown this through documentary evidence and oral testimonies by witnesses,” she said.
She said then UKSB directors Harry Lee and Wan Quoris Shah Wan Abdul Ghani met Zahid between 2013 and 2018.
“This constituted a business relationship as they met Zahid at his official residence to extend (UKSB’s) contracts with the ministry,” she said, adding that Zahid also gave the company unwarranted preferential treatment.
In exchange, she said, Zahid obtained a “valuable thing” in the form of cash – a fact he has not disputed.
She said while Zahid did not ask for payment of any specific amount, Lee and Wan Quoris took it upon themselves to pay him S$200,000, S$300,000 and S$520,0000 on a monthly basis.
Addressing the contention that the prosecution’s case must fail because the cash payments did not come from UKSB but were from other sources, she said: “The source of money is not a material consideration as it is not an element to be proven under Section 165 of the Penal Code.”
Raja Rozela concluded that the prosecution had adduced credible evidence on each and every essential ingredient of the offence, and that Zahid ought to be called to enter his defence.
The Bagan Datuk MP is facing 33 charges of receiving bribes amounting to S$13.56 million (RM42 million) from UKSB as the then home minister to extend the firm’s contract as operator of the one-stop centre in China and the foreign visa (VLN) system as well as to maintain the contract for the supply of VLN integrated system.
The principal charges are framed under the Malaysian Anti-Corruption Commission Act while the alternative charge comes under the Penal Code.
He is also accused of another seven counts under the Penal Code of obtaining for himself S$1.15 million, RM3 million, 15,000 Swiss francs and US$15,000 from the same company in connection with his official duties.
All the offences are said to have been committed at Seri Satria in Precinct 16, Putrajaya, and at Country Heights, Kajang, between October 2014 and March 2018.
The hearing before judge Yazid Mustafa continues. - FMT
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