Zahid ordered to answer 47 charges in Yayasan Akalbudi corruption case
Ahmad Zahid Hamidi has to enter his defence in 47 counts of criminal breach of trust (CBT), bribery and money laundering linked to tens of millions of ringgit of funds from Yayasan Akalbudi.
The former deputy prime minister was ordered to do so by the Kuala Lumpur High Court this morning.
Trial judge Collin Lawrence Sequerah ruled that the prosecution has established a prima facie (accused has to answer) case against the former home minister, involving 12 counts of CBT, eight bribery charges, and 27 money laundering charges.
Today was fixed for decision at the end of the prosecution’s case, which saw 99 witnesses take the stand in a trial that first began on Nov 18, 2019.
Following the verdict, defence counsel Hamidi Mohd Noh informed the court that Zahid has chosen to give sworn evidence from the witness stand for the defence stage of the trial.
This followed on the heels of the court giving the accused three options on how to respond to the order to enter defence: firstly is to give a sworn testimony from the witness stand; secondly, to give an unsworn statement from the dock; and thirdly to remain silent.
The first option would open the accused to be cross-examined from the prosecution over his oral evidence.
In the event that the second option was chosen, the accused’s statement from the dock would not be open to cross-examination by the prosecution, but in most cases would be considered with little weight by the trial court.
If the accused had exercised the third option to remain silent, the trial court would have found the accused guilty on the spot.
During the open-court proceedings this morning, Sequerah ordered Zahid to enter his defence to 12 charges under Section 409 of the Penal Code; eight charges under Section 16(a)(B) of the MACC Act 2009; and 27 charges under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The trial judge also rejected the defence’s previous submissions that Zahid was entitled to immunity from prosecution due to having disclosed to the authorities information over his family-run foundation, Yayasan Akalbudi.
“In respect of the immunity point, after having considered submissions from both parties, I find no merit in the contention that the accused is entitled to immunity over the relevant charges,” Sequerah ruled.
Near the end of proceedings today, Hisyam informed the court that Zahid would be the first defence witness to take the witness stand.
The lawyer also applied for the court to vacate the previously set days of the defence stage of trial on March 28 to 30 and April 11 to 13, and to only proceed with the trial on April 26.
Hisyam said this is because the defence team needed time to interview the 37 potential witnesses offered by the prosecution before they could decide on which witness to call to testify for Zahid’s defence.
The lawyer added that at the moment, they are tentatively set on calling 20 of the said witnesses.
Sequerah then allowed the application to vacate some of the previously-set trial dates, and for the defence stage of the trial to resume on April 26.
The defence stage of Zahid’s graft trial is fixed from April 26 to 28; May 23 to 26; June 27 to 30; July 4 to 7; Aug 22 and 23 as well as 29 and 30; Sept 19 to 22 as well as 26 to 29; Oct 17 to 20 as well as 31; and Nov 1 to 3 as well as 7 to 10.
Will abide by court's decision
When met by the media after proceedings, Zahid said he would abide by the court’s decision.
“When the defence stage of the trial begins, my legal team will carry out their duties in accordance with the procedure laid out by the court,” the Umno president said during a brief press conference outside the Kuala Lumpur Courts Complex at Jalan Duta.
Deputy public prosecutor Raja Rozela Raja Toran led the prosecution team.
For the CBT charges, Zahid was accused of having used the funds to make six payments for his personal credit cards usage, insurance policy and licence for his personal vehicles, remittances to a law firm, and contributions to the Royal Malaysia Police Football Association.
The offences were allegedly perpetrated at an Affin Bank Berhad branch in Jalan Bunus off Jalan Masjid India, Kuala Lumpur, between Jan 13, 2014, and Dec 23, 2016.
Under Section 409 of the Penal Code, the CBT offences are punishable with a maximum jail term of 20 years, as well as whipping, and fine.
In relation to the eight bribery charges, Zahid was purported to have accepted bribes from three firms - Mastoro Kenny IT Consultant & Services, Datasonic Group Bhd and Profound Radiance Sdn Bhd - as inducement for him, in his then capacity as home minister, to help the companies to secure MyEG projects, supply passport chips, and to be appointed the operator of the migrant visa one-stop centres in Pakistan and Nepal, respectively.
Laid under Section 16(a)(B) of the MACC Act 2009, the offences were allegedly committed at a Maybank branch at Dataran Maybank, in Jalan Maarof, Bangsar, Kuala Lumpur, between July 15, 2016, and March 15, 2018.
In regard to the 27 money laundering charges, the Bagan Datuk MP was alleged to have engaged in direct transactions involving income from illegal activities, between March 29, 2016, and April 11, 2018.
The offences were purportedly committed at Malayan Banking Berhad, Dataran Maybank branch, Level 1, Tower A, No 1 Jalan Maarof, Bangsar and Marhaba Enterprise Sdn Bhd, LG 1.15, Fahrenheit88, 179 Jalan Bukit Bintang, Kuala Lumpur, between March 29, 2016, and April 11, 2018.
During the prosecution stage of the trial that began on Nov 18, 2019, 99 witnesses were called to testify - including Zahid’s former special officer Wan Ahmad Wan Omar as well as the accused’s former executive secretary Major Mazlina Mazlan@Ramly.
Other notable witnesses that took the stand for the prosecution were B Muralidharan, a partner of legal firm Lewis & Co, and money changer Omar Ali Abdullah.
Zahid also has an ongoing separate corruption trial before the Shah Alam High Court involving 40 charges linked to the overseas visa system (VLN).
