The Malaysian Insight

AHMAD Zahid Hamidi’s criminal breach of trust (CBT) charges were “framed on thin ice” and the accused should be granted immunity for having earlier disclosed information to the Malaysian Anti-Corruption Commission (MACC), the defence said today.

The former deputy prime minister’s lead counsel Hisyam Teh Poh Teik submitted this to the Kuala Lumpur High Court judge Collin Lawrence Sequerah during submission at the close of the prosecution case for Zahid’s corruption case involving Yayasan Akalbudi funds.

Hisyam contended that his client was unnecessarily charged and the prosecution had not made a prima facie case on these charges against the Umno president.

“It is our submission that despite the then Honourable AG’s (Tommy Thomas) confidence of securing a conviction, the reality is that the charges were framed on thin ice.

“The charge says that the accused committed CBT when the accused transferred a sum of RM17.9 million belonging to Yayasan Akalbudi to the client’s trust account of Lewis & Co.

“It is obviously wrong in law to say that there is CBT when Yayasan Akalbudi retains ownership of the said monies when the said monies reached the hands of Lewis & Co’s client account,” Hisyam said.

According to him, the 89th prosecution witness, investigating officer Fairul Rafiq Hamirudin, had conceded in cross-examination that there is no CBT.

In addition, Hisyam argued that Zahid should be granted immunity as the accused had made two statements to the MACC on July 2 and July 3, 2018 and therefore protected under sub-section 30(7) of the MACC Act.

 “We submit that he is immune from prosecution for charges of criminal breach of trust (CBT), corruption and money laundering charges in respect of all information he had disclosed to MACC three years ago,” Hisyam told judge Collin Lawrence Sequerah.

The lawyer added that the case is no longer in the public interest when an accused person is unnecessarily or wrongly charged.

“It eats up judicial time. In fact, it is an abuse of process,” he said.

“It is unfortunate that we are unable to strike out the charges on the basis that they are groundless or baseless.

“There is no provision in the Criminal Procedure Code which provides for striking out charges for trials before the High Court.”

On March 19, the prosecution closed the case after 53 days of trial calling 99 witnesses to testify.

Zahid, 68, is facing 47 charges – 12 for criminal breach of trust, eight for corruption and 27 for money laundering – involving tens of millions of ringgit belonging to the foundation.

If convicted, the Umno president is liable to a jail term of up to 20 years and a fine of not less than five times the bribe amount or RM10,000, whichever is higher.

The court adjourned today at 12pm and will resume tomorrow morning. – September 6, 2021.