KUALA LUMPUR – The High Court here is expected to decide today whether Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi will be fully acquitted or remain discharged not amounting to an acquittal (DNAA) over 47 charges linked to Yayasan Akalbudi funds.
Zahid arrived at the courts complex at 8.55am, dressed in a black coat and accompanied by supporters, ahead of the 9am proceedings before Judge Nurulhuda Nur’aini Mohamad Nor.
The 73-year-old Umno president is seeking a discharge amounting to an acquittal (DNA) from charges involving criminal breach of trust (CBT), corruption and money laundering.
The hearing was scheduled to begin with submissions from his counsel Datuk Hisyam Teh Poh Teik, who is expected to outline the factors the court should consider in granting the DNA order.
Previously, Hisyam argued that the Attorney General’s Chambers’ (AGC) decision to classify the case as “no further action” (NFA) justified a full acquittal for his client.
He also pointed out that Zahid, who is Bagan Datuk MP, was granted a DNAA by the High Court on Sept 4, 2023, and argued that it would be unfair for the charges to continue hanging over his head for an indefinite period.
Proceedings will then move to submissions from the prosecution as the respondent.
If the prosecution objects to the application, the court will consider its arguments in deciding whether to reject the DNA request. However, if the prosecution takes a different stance, Zahid’s prospects of obtaining a full acquittal could improve.
At an earlier case management, judge Nurulhuda ordered the respondent to file an affidavit in reply by Feb 13, with the hearing of submissions set for Feb 24. The court may also fix another date to deliver its decision.
Background of the case
On Sept 4, 2023, High Court judge Datuk Collin Lawrence Sequerah (now a Federal Court judge) granted Zahid a DNAA in relation to the Yayasan Akalbudi case.
However, on Jan 8, the AGC said further and detailed investigations had been carried out by the Malaysian Anti-Corruption Commission (MACC), including into the source of funds, methods of acquisition and usage of the funds, as well as matters raised in six representations submitted by Zahid after he was ordered to enter his defence.
After reviewing the materials, new evidence and findings from further investigations, the AGC concluded that the available evidence was insufficient to proceed with prosecution on all charges.
Zahid, who is also Rural and Regional Development Minister, faces 47 charges — 12 counts of CBT, eight of corruption and 27 of money laundering — involving tens of millions of ringgit belonging to Yayasan Akalbudi.
For the 12 CBT charges, he is accused of using the foundation’s funds to make six personal credit card payments, pay vehicle insurance and road tax, remit funds to a law firm and make a contribution to the Royal Malaysia Police football association.
The alleged offences were said to have been committed at Affin Bank Berhad, Jalan Bunus branch, off Jalan Masjid India, between Jan 13, 2014 and Dec 23, 2016.
The charges were framed under Section 409 of the Penal Code, which carries a jail term of between two and 20 years, whipping and a fine upon conviction.
For the eight corruption charges, Zahid is accused of receiving bribes from three companies — Mastoro Kenny IT Consultant & Services, Data Sonic Group Berhad and Profound Radiance Sdn Bhd — as an inducement, in his capacity as then Home Minister, to assist the companies in securing projects related to MyEG, passport chip supply and one-stop centre services in Pakistan and Nepal.
The alleged acts were said to have taken place at Maybank’s Dataran Maybank branch in Jalan Maarof, Bangsar, between July 15, 2016 and March 15, 2018.
These charges were brought under Section 16(a)(B) of the MACC Act 2009 and punishable under Section 24(1) of the same Act, which provides for a maximum jail term of 20 years and a fine of not less than five times the value of the bribe or RM10,000, whichever is higher, upon conviction.
The 27 money laundering charges involve direct transactions with proceeds of unlawful activities allegedly committed between March 29, 2016 and April 11, 2018.
The offences were said to have taken place at the same bank in Jalan Maarof and at Marhaba Enterprise Sdn Bhd, Fahrenheit88, 179 Jalan Bukit Bintang.
The charges were framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which provides for imprisonment of up to 15 years and a fine of not less than five times the value of the proceeds or RM5 million, whichever is higher, upon conviction.