Judge Collin Lawrence Sequerah told the High Court in Kuala Lumpur today that taxpayers’ money would be wasted if the prosecution later dropped Ahmad Zahid Hamidi's case related to Yayasan Akalbudi funds after he was granted a discharge not amounting to an acquittal (DNAA).
He said this in his ruling after allowing Deputy Public Prosecutor Mohd Dusuki Mokhtar’s application for a DNAA following the prosecution's decision to halt the deputy prime ministers’ case involving 47 charges as they wanted to investigate it further.
“This court makes an order of a discharge not amounting to an acquittal. Before I adjourned, I wish to place on record that although the powers of the attorney-general, under Article 145 (3) of the Federal Constitution and Section 254 of the Criminal Procedure Code (CPC) to institute and withdraw charges at any time, before judgment is passed is unquestioned.
“Should the prosecution decide in the near future that they will not proceed any further with the charges, that much precious judicial time would have been wasted and a great amount of taxpayers’ money would also have been wasted. With that, this court stands adjourned,” the judge said.
Zahid had sent the 200-page letter of representation to the Attorney-General’s Chambers (AGC) as a basis for consideration for the charges against him to be dropped.
The first letter of representation was submitted in January while the latest, with facts and new evidence, was sent to the AGC in February.
Sequerah said the prosecution, exercising its powers under Article 145 (3) of the Federal Constitution and Section 254 of the CPC, decided to withdraw the 47 charges against the accused person.
“The prosecution, however, asked for DNAA. There have been several reasons for this, but are not limited to the need to further investigate the charges preferred and that the royal commission of inquiry will be instituted in respect of the contents of the former AG’s (Tommy Thomas) book.
“The defence, however, objected to the DNAA and instead asked the court to make an order of a discharge amounting to an acquittal (DAA),” he said.
Deeper investigation needed
Sequerah also said that the DNAA is in view of the Royal Commission of Inquiry that was formed to look into the claims in Thomas’ controversial memoir, particularly on alleged selective prosecution.
“The representations are about 200 pages and it is justified for further examination to be conducted.”
He further said that the case commenced in November 2019 and 77 days of trial had been held while 114 witnesses were called to testify.
“As such, I make an order of a DNAA,” he said.
Earlier, Dusuki said he had instructions from the AG to discontinue the proceeding.
He requested that the case be classified as a DNAA since the MACC is still investigating the matter and that the prosecution would need to review the outcome of the probe.
Meanwhile, Zahid's counsel Hisyam Teh Poh Teik applied to the court to acquit and discharge his client under Section 254 of the CPC.
"The case is at the defence stage and a total of 15 witnesses have testified so far, and now the AGC decided to review and conduct further investigations in this case. This case has been hanging over my client’s head since 2018.
“The AGC itself does not want to continue the case, thus, my client must be given full acquittal,” said Hisyam, adding that it would be unfair and unjust if Zahid was not given full acquittal.
47 charges
For the CBT charges, Zahid allegedly used the funds to make six payments for his personal credit card usage, insurance policy and licences for his personal vehicles, remittances to a law firm as well as contributions to the Royal Malaysia Police Football Association.
The offences were allegedly committed at Affin Bank Berhad branch in Jalan Bunus off Jalan Masjid India, Kuala Lumpur between Jan 13, 2014, and Dec 23, 2016.
Under Section 409 of the Penal Code, the charges can provide for a jail term of between two and 20 years, with whipping, and fines.
Zahid was also charged with eight counts of bribery, where he was alleged to have accepted bribes from three companies, namely Mastoro Kenny IT Consultant & Services, Data Sonic Group Bhd and Profound Radiance Sdn Bhd as an inducement for him, in his capacity as home minister then.
The briberies were said to help the companies obtain MyEG projects, supply passport chips and be appointed the operator of the migrant visa one-stop centres in Pakistan and Nepal, respectively.
He was charged with committing the offences, framed under Section 16(a)(B) of the MACC Act 2009, at the Maybank branch at Dataran Maybank in Jalan Maarof, Bangsar, Kuala Lumpur, between July 15, 2016, and March 15, 2018.
The Umno president also faced 27 charges of money laundering by engaging in direct transactions involving income from illegal activities between March 29, 2016, and April 11, 2018.
All the offences were allegedly committed at Malayan Banking Berhad, Dataran Maybank branch, Level 1, Tower A, No. 1 Jalan Maarof, Bangsar and Marhaba Enterprise Sdn Bhd, LG 1.15, Fahrenheit88, 179 Jalan Bukit Bintang, Kuala Lumpur, between March 29, 2016, and April 11, 2018. - Mkini
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