AG: Zahid court proceedings halted pending more investigation

 Representation letters and other events have presented new facts regarding Ahmad Zahid Hamidi’s Yayasan Akalbudi trial that warrant halting court proceedings pending further investigation, said Attorney-General Ahmad Terrirudin Mohd Salleh.

In a statement today, he said his office’s role is not to convict a person at all costs but to uphold justice.

“The duty of the chambers is to ensure the legal process is fully upheld in line with the words of the Blackstone Ratio, ‘It is better that 10 guilty persons escape than that one innocent suffer’,” he said.

In the statement, Terrirudin laid out the reasons given to the court when informing of its decision to discontinue prosecuting Zahid.

The salient points are:

· The testimonies of the 15 defence witnesses (including Zahid himself) warranted further scrutiny by the prosecution and investigators.

· Following a letter of representation by Zahid on Dec 8, 2022, the MACC told the Attorney-General’s Chambers (AGC) that it is imperative for a more detailed, in-depth, and comprehensive follow-up investigation to be conducted.

· In total, Zahid submitted six letters of representation: On Dec 8, 2022, and Jan 25, 2023, and four more between Feb 28 and Mar 7, 2023. These raised new issues and evidence that required MACC’s investigation.

The letters of representation raised issues of “hasty, negligent, premature, and incomplete” investigations against Zahid.

· Zahid’s claims of being a victim of selective prosecution by the previous administration warranted further investigation by the prosecution and the MACC. This is also in line with the government’s plan to establish a royal commission of inquiry on issues raised in former attorney-general Tommy Thomas’ memoir.

· A purported AGC internal memorandum regarding “an ongoing trial” is still being verified, and is important because it touched on issues also raised in Zahid’s letters of representation and strengthens the case for a more comprehensive investigation on Zahid.

· In order not to deprive Zahid of his rights and ensure there is no miscarriage of justice, all charges against Zahid should be halted. A denial not amounting to acquittal should be given pending a more thorough investigation.

Deputy Prime Minister Ahmad Zahid Hamidi

Terrirudin emphasised that the AGC has a duty to give due consideration to letters of representation by accused persons, in conjunction with feedback from investigating authorities.

In Zahid’s case, he said each of the six letters contained more than 200 pages not including supporting documents.

“Therefore, the attorney-general and its chambers needed time to diligently go through every detail and document provided before any decision is made, which entails perusing the representations and documents put forward, and contacting investigating authorities before any decision or action is made,” he said.

Case not withdrawn

Terrirudin also rejected the notion that the case against Zahid has been “withdrawn”.

Instead, he said the attorney-general has the power under Article 145(3) of the Federal Constitution and Section 254(1) of the Criminal Procedure Code to halt proceedings at any stage of the trial before the court has delivered its verdict.

“It should also be stated that this is not the first time prosecution is being discontinued after a prima facie case is established,” he said.

Terrirudin urged members of the public to stop speculating on the case as the AGC is merely performing its duties under the law.

“As such, the chambers urged all parties to stop speculating and spreading (speculation), because the chambers, with the assistance of various agencies, especially investigating authorities, are still probing all the newly surfaced evidence on the case.

“Any decision on whether to reinstate charges against the accused, charge other related parties, or otherwise, will be made once the chambers completes a more detailed and comprehensive investigation,” he said. - Mkini