Zahid granted discharge not amounting to acquittal of all 47 charges

KUALA LUMPUR - The High Court here today discharged not amounting to an acquittal (DNAA) Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi from all 47 charges of criminal breach of trust, corruption and money laundering in relation to Yayasan Akalbudi funds.

Justice Datuk Collin Lawrence Sequerah made the ruling after allowing Deputy Public Prosecutor Datuk Mohd Dusuki Mokhtar’s application to DNAA Ahmad Zahid after the prosecution decided to halt the case as they wanted to investigate the case more in depth.

"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 tax payers money will also have been wasted, with that this court stands adjourned,” the judge said.

Ahmad Zahid had sent the 200-page letter of representation to 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.

Justice 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, they have been several reasons for this, but is not limited to the need to further investigate on the charges preferred and that the royal commission of inquiry will be instituted in respect of the contents of the former Attorney-General's (Tan Sri 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.

Justice Sequerah said the DNAA is in view of the royal commission of inquiry formed to look into 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 said.

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 discharge not amounting to an acquittal," he said.

Earlier, Mohd Dusuki said he had instructions from the Attorney General to discontinue the proceeding.

He requested that the case be classified as a DNAA as the Malaysian-Anti Corruption Commission (MACC) is still investigating the matter and that the prosecution would need to review the outcome of the probe.

Moreover, he said the defence had also called 15 witnesses so far.

Meanwhile, Ahmad Zahid's counsel Datuk 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 Ahmad Zahid was not given full acquittal.

For the CBT charges, Ahmad Zahid was alleged to have used the funds to make six payments for his personal credit cards usage, insurance policy and licence for his personal vehicles, remittances to a law firm and 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, here, between Jan 13, 2014, and Dec 23, 2016.

The charges, under Section 409 of the Penal Code, provide for a jail term of between two and 20 years, and with whipping, and fine, upon conviction.

Ahmad 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, to help the companies to obtain MyEG projects, supply passport chips and to 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 Malaysian Anti-Corruption Commission (MACC) Act 2009, at the Maybank branch at Dataran Maybank in Jalan Maarof, Bangsar, here, between July 15, 2016, and March 15, 2018.

Ahmad Zahid, who is 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, here, between March 29, 2016, and April 11, 2018. - BERNAMA