Bersih urges prosecution team to review DNAA

SHAH ALAM - The prosecution team for Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi Yayasan Akalbudi case must review all evidence regarding the discharge not amounting to an acquittal (DNAA) and all 47 charges

The Coalition for Clean and Fair Elections (Bersih) said the decision to free the Umno president was unacceptable as the prosecution had proved a prima facie case.

“The prosecution team must come forward and explain to the public why it made the request for the DNAA at this stage when there was a strong prima facie case.

“The Attorney-General’s Chambers (AGC) must disclose the possibility of new charges or what is the direction of the new investigations. If there are no plans for new charges, this may pave the way for Zahid to apply for a release within a few months,” it said through a statement on Monday.

The Kuala Lumpur High Court on Monday discharged Zahid without an acquittal from the 47 charges of criminal breach of trust, corruption and money laundering of Yayasan Akalbudi funds he founded.

Judge Datuk Collin Lawrence Sequerah discharged the Bagan Datuk MP after granting Deputy Public Prosecutor Datuk Mohd Dusuki Mokhtar's application, stating that the AGC wanted to discontinue all proceedings against Zahid at this stage.

Bersih gave an overview of a similar case involving the former Prime Minister’s Department (JPM) Foreign Intelligence Unit Research Division Director the late Datuk Hasanah Abdul Hamid where the High Court had allowed a full release and dismissal of the RM50 million criminal breach of trust charge a year after her DNAA.

“Given the anti-corruption and reformist commitment of the Madani government now in doubt following this decision, Bersih urges Prime Minister Datuk Seri Anwar Ibrahim to announce a clear roadmap and timeline within the week for the separation of the Public Prosecutions (PP) from the AGC.

“As it stands now, the Attorney-General is a political appointee who advises the government playing the dual role of Public Prosecutor (who) holds the power to initiate or drop criminal charges.

“This power can be misused or manipulated for political reasons. The separation of the public prosecution and attorney-general has been championed by Bersih and civil society groups for a while,” the statement said.

Bersih also questioned whether such actions were a ‘precursor’ to the dismissal of all remaining charges against former Prime Minister Datuk Seri Najib Razak in the future.

As such, Bersih warned Anwar that any delays in the AGC institutional reform could ruin the credibility of the Madani government.

“Until this separation is made, the AGC must avoid withdrawing charges of high-profile political cases. If the cases are weak, the judge should decide on the matter, not the public prosecutor who is ultimately under the control of the Prime Minister.

“Malaysians are tired of seeing such corelations (that is) those remaining in power remain not guilty, while those who lose power lose all forms of guilt.

“The request for the DNAA by the Deputy Public Prosecutor for Zahid at the trial stage reinforces the need to separate the PP and AG,” the statement read.