The prosecution has raised no objection to Deputy Prime Minister Ahmad Zahid Hamidi’s application to be discharged and acquitted of 47 corruption charges.
KUALA LUMPUR: The prosecution has raised no objection to Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi’s application to be discharged and acquitted of 47 corruption charges involving Yayasan Akalbudi funds.
Division II deputy head of Prosecution Datuk Badius Zaman Ahmad conveyed this position to High Court Judge Nurulhuda Nur’aini Mohamad during proceedings.
However, Judge Nurulhuda Nur’aini ruled that the court would withhold its decision pending the outcome of a related appeal before the Court of Appeal.
The Malaysian Bar is appealing against the High Court’s earlier dismissal of its application for leave to initiate judicial review proceedings.
The judge said the Court of Appeal’s ruling would be determinative and binding on the present proceedings.
“The issue of public interest raised warrants determination by a higher court,” she said.
She added that should the High Court proceed now, the Malaysian Bar’s appeal would effectively become academic.
The court will therefore await the decision on the Malaysian Bar’s application for leave to commence judicial review on April 8.
April 24 has been fixed for the hearing of Ahmad Zahid’s application.
Earlier, Badius Zaman informed the court that the Malaysian Bar had submitted a letter of objection to Ahmad Zahid’s application.
Ahmad Zahid’s lawyer, Datuk Hisyam Teh Pok Teik, objected to the Malaysian Bar’s intervention.
“The Malaysian Bar has no locus standi in this criminal matter,” he said.
He submitted that criminal matters fall solely within the purview of the public prosecutor.
Allowing the Malaysian Bar to object would erode the authority of the Attorney-General, he argued.
The lawyer further maintained that the only order the court can grant is a full acquittal.
This is because the public prosecutor has decided not to proceed with the case.
Counsel Abhilaash Subramaniam appeared for the Malaysian Bar as amicus curiae.
He said the Bar acknowledges that it is neither a party to the application nor an applicant.
The Bar’s presence was to highlight the ongoing proceedings in the Court of Appeal.
These could be rendered academic in light of today’s decision, he noted.
Ahmad Zahid has filed an application seeking a full discharge and acquittal on the 47 charges.
The charges involve criminal breach of trust, corruption and money laundering.
He bases his application on the Attorney General’s Chambers determination that no further action would be taken.
In a statement dated Jan 8, the AGC announced that no further action would be taken on the charges.
This followed a comprehensive review of the case materials and newly adduced evidence.
On Jan 12, AG Tan Sri Mohd Dusuki Mokhtar clarified the decision to classify the case as “No Further Action”.
He said it was reached after meticulously examining six representations submitted by Ahmad Zahid.
The decision was not made lightly, he emphasised.
The AGC does not issue an NFA determination without a thorough evaluation, he stressed.
On Sept 4, 2023, the High Court granted Ahmad Zahid a discharge not amounting to an acquittal on all 47 charges.
The order was made by Datuk Collin Lawrence Sequerah, then a Judicial Commissioner.
This was after the prosecution informed the court that the AGC had decided to discontinue the proceedings.
The Sun Malaysia
