The Malaysian Insight

UMNO president Ahmad Zahid Hamidi will know his fate tomorrow when the Kuala Lumpur High Court decides whether to call for his defence or acquit him of all 47 charges of misappropriation of funds from Yayasan Akalbudi.

The decision will be delivered by judge Collin Lawrence Sequerah, who presided over the case.

Deputy public prosecutor Raja Rozela Raja Toran is prosecuting the case while Zahid is represented by senior lawyer Hisyam Teh Poh Teik.

The 47 charges constitute 12 counts of criminal breach of trust (CBT) involving RM31 million, eight corruption charges involving RM21.25 million and 27 money laundering charges involving RM65 million belonging to Yayasan Akalbudi, a foundation the former deputy prime minister leads.

The trial started on November 18, 2019 and heard testimonies from 99 witnesses. 

On March 19, the prosecution closed its case after 53 days while submissions were heard over 24 days from September 6.

The trial was disrupted halfway and physical hearings stopped due to Covid-19 restrictions.

Besides the epidemic, the trial was also stalled multiple times to cater for Zahid’s health needs.

There were times he did not show up in court because he was hospitalised due to a back injury. This prompted the judge to subpoena Zahid’s doctor to explain his condition and recovery time.

This episode ultimately led to Zahid petitioning the court to return his passport so that he can seek treatment in Munich, Germany. 

There were also situations where the trial was postponed when Zahid complained of immense pain stemming from his gout. 

CBT charges

For the 12 CBT charges, the Bagan Datuk MP is accused of dishonestly using the funds to settle his personal credit card bills, pay for the insurance policies and licences of his personal vehicles, send money order to a law firm, pay a consultancy company and contribute to the police football association.

The offences, under section 409 of the penal code, were allegedly committed at Affin Bank Berhad, Jalan Bunus branch, No 133, Jalan Bunus, off Jalan Masjid India, Kuala Lumpur between January 13, 2014 and January 11, 2016 and on December 23, 2016.

If convicted, Zahid could be jailed for up to 20 years.

Corruption charges

Zahid was also charged with accepting bribes from three companies – Mastoro Kenny IT Consultant & Services, Data Sonic Group Bhd and Profound Radiance Sdn Bhd.

The bribes were allegedly given when Zahid was the home minister and served to induce him to help the companies obtain MyEG projects to supply passport chips as well as to be appointed the operator of the migrant visa one-stop centre in Pakistan and Nepal.

He is said to have committed the offence at Dataran Maybank in Jalan Maarof, Bangsar, Kuala Lumpur between July 15, 2016 and March 15, 2018.

The charges are framed under section 16(a)(B) of the Malaysian Anti-Corruption Commission Act 2009, which carries a fine up to five times the value of the bribe or RM10,000, and imprisonment not exceeding 20 years.

Money laundering charges

Twenty-five of the 27 money laundering charges involve Zahid allegedly giving instructions to Muralidharan of Lewis & Co, which was the trustee of Yayasan Akalbudi.

These charges relate to funds of more than RM53 million allegedly from unlawful activities placed in fixed deposit accounts.

The 26th charge concerns RM7 million placed in a fixed deposit account and subsequently withdrawn by Lewis & Co, out of which RM5.9 million was eventually used to buy two bungalow lots in Country Heights, Kajang, for Zahid’s brother’s religious foundation Yayasan Al-Falah.

For the 27th charge, Zahid is alleged to have instructed moneychanger Omar to convert RM7.5 million in cash into 35 cheques and given to Lewis & Co to be placed in fixed deposit accounts.

The offences were allegedly committed at the Dataran Maybank branch, Level 1, Tower A, No. 1 Jalan Maarof, Bangsar and Marhaba Enterprise Sdn Bhd, Fahrenheit88, 179 Jalan Bukit Bintang, Kuala Lumpur between March 29, 2016 and April 11, 2018. – January 23, 2022.