KUALA LUMPUR, Feb 24 — 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 the prosecution’s position to High Court Judge Nurulhuda Nur’aini Mohamad during proceedings today.
However, Judge Nurulhuda Nur’aini ruled that despite the prosecution’s stance, the court would withhold its decision pending the outcome of the appeal before the Court of Appeal in a related matter involving the Malaysian Bar.
The Malaysian Bar is appealing against the High Court’s earlier dismissal of its application for leave to initiate judicial review proceedings challenging the Attorney General’s decision to discontinue the prosecution against Ahmad Zahid.
The judge said the Court of Appeal’s ruling would be determinative and binding on the present proceedings, and that the High Court could not pre-empt or encroach upon the jurisdiction of the appellate court.
“The issue of public interest raised warrants determination by a higher court. Should this court proceed to decide on the applicant’s (Ahmad Zahid’s) application, the Malaysian Bar’s appeal on the leave application would effectively become academic, and the Court of Appeal panel may no longer need to hear it.
“We will therefore await the decision on the Malaysian Bar’s application for leave to commence judicial review on April 8,” she said, while fixing April 24 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 objection against his client’s application, which was indicated in a letter sent to the court yesterday and given to the parties this morning.
“The Malaysian Bar has no locus standi in this criminal matter and cannot simply submit a letter to object without stating the legal provisions relied upon,” he said.
He submitted that criminal matters fall solely within the purview of the public prosecutor and allowing the Malaysian Bar to object would erode or diminish the authority of the Attorney-General and public prosecutor.
The lawyer further maintained that the only order the court can grant is a full acquittal since the public prosecutor has decided not to proceed with the case.
Counsel Abhilaash Subramaniam, who appeared for the Malaysian Bar as amicus curiae, said the Bar acknowledges that it is neither a party to the application nor an applicant.
He added that the Bar’s presence as amicus curiae was not to advance any particular cause, but to highlight the ongoing proceedings in the Court of Appeal, which could be rendered academic in light of today’s decision.
Ahmad Zahid has filed an application seeking a full discharge and acquittal in respect of the 47 charges of criminal breach of trust, corruption and money laundering involving Yayasan Akalbudi funds, on the basis that the Attorney General’s Chambers (AGC) had determined that no further action would be taken on the said charges.
In a statement dated Jan 8, the AGC announced that no further action would be taken on the 47 charges after a comprehensive review of the case materials and newly adduced evidence.
On Jan 12, AG Tan Sri Mohd Dusuki Mokhtar clarified that the decision to classify the case as “No Further Action” (NFA) was reached only after the prosecution had meticulously examined six representations submitted by Ahmad Zahid in his capacity as UMNO president.
He emphasised that the decision was not made lightly, stressing that the AGC does not issue an NFA determination without a thorough evaluation of the facts, evidentiary record and legal merits of the case.
On Sept 4, 2023, the High Court granted Ahmad Zahid a discharge not amounting to an acquittal (DNAA) on all 47 charges of criminal breach of trust, corruption, and money laundering involving Yayasan Akalbudi funds.
The order was made by Datuk Collin Lawrence Sequerah, then a Judicial Commissioner and now a Federal Court judge, after the prosecution informed the court that the AGC had decided to discontinue the proceedings.
