KUALA LUMPUR – The issue of being made a victim of selective prosecution is among the 11 grounds given by the prosecution in its application to halt proceedings of the case involving Datuk Seri Ahmad Zahid Hamidi.
The deputy prime minister was earlier granted a discharge not amounting to an acquittal (DNAA) on 47 charges of criminal breach of trust, corruption and money laundering involving Yayasan Akalbudi funds.
Deputy public prosecutor Datuk Mohd Dusuki Mokhtar told the high court here that Zahid had raised a very serious issue in his letters of representation, namely regarding the allegation that he was a victim of selective prosecution by the previous government.
“The attorney-general opines that it is very important for the prosecution and the Malaysian Anti-Corruption Commission (MACC) to look into, as well as investigate this allegation,” he said.
Dusuki said this inevitably caused the reputation and good name of the Attorney-General’s Chambers (AGC) and MACC to be tarnished and seen publicly as two legal institutions that had been manipulated by certain parties.
“The accused (Zahid) submitted two letters of representation to the AGC in December 2022 and January 2023, respectively. Following the two representations, MACC in January 2023 informed the AGC that it was important for a more detailed, in-depth and comprehensive investigation to be made,” he said.
He said in February and March this year, Zahid submitted four more letters of representation, raising new issues and evidence that would require MACC’s investigation.
“Apart from that, the letters of representation also touched on the issue of the investigation conducted against the accused before, during, and after he was charged in court which was said to have been done hastily, carelessly, prematurely and incompletely,” he added.
He said 15 defence witnesses, including Zahid, had testified and their testimonies should be examined by the prosecution and also MACC.
In order not to deny Zahid’s rights and prevent a “miscarriage of justice”, he said the case should be stopped by giving the accused a DNAA until a more comprehensive and complete investigation is done.
“We also believe that this honourable court is aware of the cabinet’s announcement to establish a Royal Commission of Inquiry (RCI) to investigate the issues raised in the memoir written by former attorney-general Tan Sri Tommy Thomas and the disclosures made by him regarding charges made against certain individuals.
“In fact, it is actually in line with the purpose of the RCI which, among other things, aims to investigate allegations regarding the violation of professional responsibility by the highest office holders in the country” he said.
The prosecution also mentioned an internal memo issued by the AGC regarding the case that went viral on social media.
“The AGC is taking steps to verify the contents of the internal memo. The AGC thinks this is important because it also touches directly on the issues raised by the accused through the representations he submitted and also reinforces the AGC’s reasons for a comprehensive investigation to be conducted for cases involving the accused,” he added.
High court judge Datuk Collin Lawrence Sequerah today granted Zahid the DNAA after allowing an application by the prosecution to halt the case as they wanted to investigate the case further.
The trial of the case is now at the defence stage, with 15 witnesses, including Zahid, having testified. – September 4, 2023