[UPDATED] Prosecution’s appeal against Zahid’s acquittal in visa graft case to proceed

AGC yet to decide on defence’s representation letter seeking appeal’s withdrawal, but to proceed with submitting appeal docs

9:53 AM MYT

 

PUTRAJAYA – The prosecution’s appeal against Datuk Seri Ahmad Zahid Hamidi’s acquittal over 40 corruption charges related to a visa-handling company will proceed to trial on March 18. 

The Attorney-General’s Chambers (AGC) has not decided on the letter of representation from Zahid’s defence team seeking the appeal’s withdrawal, but will submit appeal documents before the hearing, deputy public prosecutors Abdul Malik Ayob and Zander Lim Wai Keong told the Court of Appeal today.

After being informed of the AGC’s position, Court of Appeal judge Datuk Hadhariah Syed Ismail said: “No decision yet.. maintain.. proceed to trial on March 18.”

The two other judges on the panel were Datuk Azman Abdullah and Datuk S.M. Komathy Suppiah.

Zahid was not present at the court today.

The prosecution’s appeal against the deputy prime minister’s acquittal over corruption charges – which were related to extending a company’s contract to handle the foreign visa system while he was home minister – had come up for case management today.

However, Zahid’s defence team had sent a letter of representation to the AGC in January this year for the prosecution to withdraw its appeal against his acquittal, which was granted by the Shah Alam High Court on September 23, 2022.

The prosecution had filed its petition of appeal against the acquittal in December 2022.

Speaking to Scoop later after case management today, Lim explained the AGC’s position on the representation letter.

“It not being decided, doesn’t mean it’s rejected; it is still under consideration.

“We will proceed as usual until the hearing. Yes, we still can proceed with the trial although there is no decision as yet,” he told Scoop.

Zahid’s acquittal was granted by the Shah Alam High Court for 33 charges of receiving bribes from a company to extend its foreign visa system contract as well as the management of a one-stop visa centre in China, and seven charges of obtaining gratification for himself as then home minister, a portfolio which oversees immigration and visa processing.

The 33 charges of receiving bribes involved S$13.56 million (RM42 million) from Ultra Kirana Sdn Bhd, while the seven other counts of obtaining monies for himself involved S$1.15 million, RM3 million, 15,000 Swiss francs (RM82,187) and US$15,000 (RM70,957) from the same company in connection with his official duties.

Zahid, 71, was alleged to have committed the offences at Sri Satria in Precinct 16, Putrajaya, and at Country Heights, Kajang, between October 2014 and March 2018. He was charged in 2019.

Both sets of charges were jointly heard in a trial at the Shah Alam High Court that started on May 24, 2021.

The prosecution called 18 witnesses, including former home ministry secretary-general Tan Sri Alwi Ibrahim and three former Ultra Kirana directors, to testify before closing its case on August 11, 2022. 

However, Shah Alam High Court judge Datuk Yazid Mustafa ruled that the prosecution had failed to establish a prima facie case against Zahid, and granted him a discharge and acquittal.

The judge found that the witnesses testifying against Zahid were not credible or trustworthy and that their testimonies held no weight. 

The prosecution then filed a petition of appeal at the appellate court, seeking a reversal of the high court’s decision and for Zahid to enter his defence against the 40 charges. The Court of Appeal then fixed March 18 for the appeal hearing. – January 29, 2024

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