Prosecution not objecting to Zahid’s bid for full acquittal of graft charges, court told

KUALA LUMPUR - The prosecution is not objecting to the application by Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi to have a full acquittal from 47 graft charges in the Yayasan Akalbudi case, the High Court was told. 

The matter was informed by Deputy Head of Prosecution II Datuk Badius Zaman Ahmad during the proceedings here on Tuesday (Feb 24). 

Badius Zaman told presiding judge Justice Nurulhuda Nur’aini Mohamad that the prosecution would not be filing an affidavit-in-reply as they have no objection. 

"I only received instructions to appear today to inform that there is no objection to the application (by Ahmad Zahid). I leave it to the court to make a decision," Badius Zaman said. 

Justice Nurulhuda, however, said that the court would not be making a decision at this stage as it has to wait for the disposal of a leave application to initiate judicial review filed by the Malaysian Bar that challenged the Attorney General Chamber's decision that withdrew its prosecution against Ahmad Zahid. 

The leave application will be heard on April 8. 

"This court is bound by the decision of the Court of Appeal. Although the prosecution says they are not objecting, any decision by this court on the matter would be academic. 

"This court will not make the decision yet," Justice Nurulhuda said. 

She fixed April 24 to hear Ahmad Zahid's application for a discharge and acquittal. 

Earlier, Ahmad Zahid's lawyer Datuk Hisyam Teh Poh Teik told the court that the Malaysian Bar has no locus standi in the case. 

“To allow the Bar to address (the court) will erode the role and power of the Attorney General. 

“The charges against my client have been hanging over his head for the last three years. The Bar’s position is an irrelevant consideration,” Hisyam said. 

Lawyer S. Abhilaash, who appeared for the Bar, had submitted before the court as an amicus curiae (friend of the court). 

Abhilaash said that lawyers representing the Bar were previously permitted to address the court in criminal proceedings and that it was the duty of the Bar under Section 42 of the Legal Profession Act 1976 to uphold the cause of justice without fear or favour and to protect public interest. 

On Jan 28, Ahmad Zahid filed the application to be acquitted and discharged of 47 charges of criminal breach of trust, corruption and money laundering linked to Yayasan Akalbudi funds. 

The application was made based on the Attorney General’s Chambers’ (AGC) media statement dated Jan 8, which stated that no further action (NFA) would be taken on the 47 charges involving Ahmad Zahid. 

On Sept 4, 2023, the High Court granted Ahmad Zahid a discharge not amounting to an acquittal (DNAA) following the prosecution's request. - THE STAR