The Malaysian Insight

THE Kuala Lumpur High Court today ordered Umno president Ahmad Zahid Hamidi to enter a defence on all 47 charges of misappropriation of funds from a charity organisation.

Judge Collin Lawrence Sequerah, who made the order, did not allow the accused’s argument for immunity.

“Of the immunity points, I find no merit to the contention that the case has immunity in relation to the 12 charges under section 409 of the penal code.

“After a maximum evaluation, the prosecution has proven ingredients of all 12 charges and has successfully made a prima facie case. The accused is asked to enter defence for all 12 charges,” he said.

“For the eight charges under section 16(a)(B) of the Malaysian Anti-Corruption Commission Act 2009, after conducting a maximum evaluation, I find that the prosecution has proven all ingredients of all eight charges and successfully made out a prima-facie case. 

“In respect of the 27 charges under section 4 Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, after conducting a maximum evaluation, the prosecution has made out a prima facie case.

“I call upon the accused to enter a defence on all 27 charges.”

The judge told Zahid he has three options.

Zahid could opt to testify under oath where he could be cross-examined by prosecutors; give an unsworn testimony where he cannot be cross-examined; or choose to remain silent.

“He chooses to give a sworn testimony from the witness stand,” his lawyer Hisyam Teh Poh Teik informed the judge.

Hisham told the court that the defence would accept all 37 witnesses offered by the prosecution but would call only around 20.

The hearing is to enter the defence stage in March, but the lawyer asked for a delay till April.

“As far as the trial dates are concerned, the defence calls in respect of all 47 charges, we are unable to meet the dateline where the defence starts on March 28. 

“We suggest that we be given more time. We have to interview the witnesses, submit their statements and witness statement must be prepared and served 14 days ahead to the prosecution

“We propose to start without interruption from April 26. We will be prepared”

Judge Collin agreed to the proposed dates. 

Zahid faces 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. The money belonged to Yayasan Akalbudi, a charity foundation headed by the former deputy prime minister.

For the 12 CBT charges, the Bagan Datuk MP is accused of using the funds to pay his personal credit card bills and the insurance policies and licences of his personal vehicles, send a 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.

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.

Zahid 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 of up to five times the value of the bribe or RM10,000, whichever is more, and imprisonment not exceeding 20 years.

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

These charges are connected to money from illegal activities amounting to RM53 million.

The 26th charge concerns RM7 million in a fixed deposit account, which was withdrawn by Lewis & Co, 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.

On the 27th charge, Zahid is alleged to have instructed moneychanger Omar to convert RM7.5 million in cash into 35 cheques to be 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.

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

Hearing dates are on April 26-28, May 23-26, June 27-30, July 4-7, August 22-30, September 19-29, October 17-31 and November 7-10. – January 24, 2022.