{"id":11348,"date":"2021-09-06T19:25:13","date_gmt":"2021-09-06T11:25:13","guid":{"rendered":"https:\/\/newmalaysiatimes.com\/?p=11348"},"modified":"2021-09-06T19:25:15","modified_gmt":"2021-09-06T11:25:15","slug":"zahid-hamidi-is-immune-from-prosecution-court-told","status":"publish","type":"post","link":"https:\/\/newmalaysiatimes.com\/?p=11348","title":{"rendered":"Zahid Hamidi is immune from prosecution, court told"},"content":{"rendered":"\n

KUALA LUMPUR, Sept 6 — The High Court was told today that Datuk Seri Dr Ahmad Zahid Hamidi is immune\u00a0from prosecution because all information about transactions relating to his family-run Yayasan Akalbudi (YAB) charity foundation had\u00a0been disclosed by the former deputy prime minister.<\/p>\n\n\n\n

Counsel Hisyam Teh Poh Teik, who is representing Ahmad Zahid, said the accused is claiming\u00a0immune ity from prosecution under Section\u00a030(7)\u00a0of the Malaysian Anti-Corruption Commission (MACC) Act.<\/p>\n\n\n\n

“The accused (Ahmad Zahid) had on July 2, 2018, and July 3, 2018, made two statements pursuant to Section 30(3)(b) of the MACC  Act. By these two statements, the accused had disclosed information and therefore under Section 30 (7) of the MACC Act, he is clothed with immunity from prosecution.<\/p>\n\n\n\n

\u201cThese two statements were admitted through SP89 (89th prosecution witness\u00a0Fairul Rafiq Hamirudin), the first investigation officer called by the\u00a0prosecution. He confirmed under cross-examination that he had access and custody of the above statements. He also\u00a0confirmed that he had vetted the statements.<\/p>\n\n\n\n

“SP89 further confirmed the following that, both the statements were given pursuant to order under Section 30 (1) (a) of the\u00a0MACC Act and that the accused was not prosecuted for an offense under Section 27 of the MACC Act in respect of both statements for giving information that is untrue,” he said in his submissions\u00a0at the end of the prosecution’s\u00a0case involving Ahmad Zahid\u00a0before Judge Datuk Collin Lawrence Sequerah.<\/p>\n\n\n\n

Hisyam said based on the information given in one of the two statements, his client is immune from 46 out of the 47 charges, and under the circumstances, the accused cannot be prosecuted.\u00a0<\/p>\n\n\n\n

\"immune\"<\/figure><\/div>\n\n\n\n

\u201cThus, applying sub-section 30(7) to the facts of this case, it is respectfully submitted that the accused is therefore immune and cannot be prosecuted for 46 out of the 47 offenses. These 46 offenses are\u00a0in respect of all 12 criminal breach of trust (CBT) charges,\u00a0seven\u00a0out of the eight\u00a0corruption charges and for all 27 money laundering charges,\u201d he said.<\/p>\n\n\n\n

On the outset, Hisyam said the charges against his client were instituted by former Attorney General (AG) Tan Sri Tommy Thomas.<\/p>\n\n\n\n

Quoting\u00a0a passage from the former AG in a recent\u00a0book entitled My Story: Justice in the Wilderness,\u00a0<\/em>the lawyer said\u00a0Thomas had explained that he only charged Ahmad Zahid\u00a0after becoming satisfied with having a realistic chance of securing a conviction based on the overwhelming evidence against the\u00a0accused.<\/p>\n\n\n\n

However, Hisyam said\u00a0having heard, read, and seen the evidence\u00a0by the prosecution,\u00a0despite the then AG\u2019s confidence in securing a conviction,\u00a0the reality is that the charges were framed on thin ice.\u00a0<\/p>\n\n\n\n

Hisyam further submitted that his client has been unnecessarily and over prosecuted.<\/p>\n\n\n\n

The lawyer said the charge sheet had accused Ahmad Zahid of committing CBT when he (Ahmad Zahid) transferred RM17.9 million of YAB funds to a trust account under the name of Lewis & Co.<\/p>\n\n\n\n

\u201cIt is obviously wrong in law to say that there is CBT when YAB retains ownership of the said monies when the said monies reached the hands of Lewis & Co\u2019s client account. A diligent student of criminal law will tell us that there is no CBT as YAB still retains ownership when the funds reached the clients\u2019 account of Lewis & Co. With respect, a strong inference can be made is that there is (an) oblique motive in the filing of these charges. <\/p>\n\n\n\n

\u201cThe accused has been unnecessarily charged not based on law or evidence. Again, the right thing to do is for the prosecution to withdraw the CBT charge when there is obviously no CBT…My client has been unnecessarily charged not based on law or evidence,\u201d he said.<\/p>\n\n\n\n

Hisyam argued that it is not in the public interest when an accused person is unnecessarily or wrongly charged.<\/p>\n\n\n\n

\u201cIt eats up judicial time. In fact, it is an abuse of process. This Honourable Court must sound the alarm that judicial time is precious and cannot be abused. To the accused irreparable harm has been done. It is inherent in the office of the Public Prosecutor that he acts fairly for he is a minister of justice. The Public Prosecutor must be fair to the accused,\u201d he said.<\/p>\n\n\n\n

Ahmad Zahid, 68, is facing 47 charges – 12 on CBT, eight on corruption, and 27 on money laundering-involving tens of millions of ringgit belonging to YAB. The hearing of submissions before Judge Sequerah continues tomorrow.<\/p>\n\n\n\n

— BERNAMA<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

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