Malaysia

Court sets May 9 to decide on Zahid’s application to get witness statements

Former DPM to testify in defence trial on 47 charges of criminal breach of trust, corruption, money laundering on April 13

Updated 4 years ago · Published on 08 Apr 2022 6:15PM

Court sets May 9 to decide on Zahid’s application to get witness statements
The high court has set May 9 to decide on an application by Datuk Seri Ahmad Zahid Hamidi to obtain recorded statements of 15 witnesses from MACC in the case involving Yayasan Akalbudi funds after hearing arguments of both defence and prosecution. – Bernama pic, April 8, 2022

KUALA LUMPUR – The high court today has fixed May 9 to decide on an application by former deputy prime minister Datuk Seri Ahmad Zahid Hamidi to obtain recorded statements of 15 witnesses from the Malaysian Anti-Corruption Commission in the case involving Yayasan Akalbudi funds.

Judge Datuk Collin Lawrence Sequerah set the date after hearing arguments of both defence and prosecution.

Earlier, Zahid’s lead counsel Hisyam Teh Poh Teik submitted that his client is entitled to a fair trial, hence the defence needs to see the said statements.

“My Lord, the recorded statements and investigation papers (IP) were suddenly classified under the Official Secrets Act 1972 last month.

“The mala fide argument is further strengthened when the prosecution tendered the documents during its case when they were not certified as ‘rahsia’ (secret)… the timing of the classification speaks volumes of its ill intent. They were certified on March 7 after we filed the application on February 18, the inescapable inference to be made is that it was meant to frustrate the defence,” he said.

Hisyam added that one of the witnesses that the defence sought his recording of the statement was Datuk Seri Mohamad Nasaee Ahmad Tarmizi, who is the brother of Zahid, as Nasaee’s statement is important to the 11th charge faced by Zahid and without the statement, the defence would be left in a state of uncertainty whether to call or not call him to the stand.

“Hence, there is no prejudice to the prosecution as their case has closed and this is not affecting them in any manner,” insisted Hisyam.

Deputy public prosecutor Datuk Raja Rozela Raja Toran countered that the prosecution has no duty to provide the documents to the defence as these statements are privileged statements that cannot be accessed by even the witnesses themselves.

“My Lord, the court must appreciate the fact why it becomes a privileged statement.  It is a statement that is recorded during an investigation, which is a statutory duty on the part of the investigating officer. Once he has completed this investigation, the statements and the whole IP will be given or will need to be referred to the public prosecutor.

“That, My Lord, in our humble submission, makes it a privileged document,” she said adding that the privileged documents must remain “privileged”.

On April 13, Zahid will testify in his defence trial on 47 charges of criminal breach of trust, corruption and money laundering involving Yayasan Akalbudi funds.

On January 24 this year, justice Sequerah ordered Zahid to enter his defence on all charges after finding that the prosecution had succeeded in proving a prima facie case. – Bernama, April 8, 2022

Related News

Malaysia / 2d

While the focus is on condemning the Madani government, a coup d'état is in process

Malaysia / 1w

Najib must be held accountable for 1MDB's US$5.6 billion loss -  lawyer

Malaysia / 1w

Muhyiddin among Bersatu signatories for account receiving donations, court told

Malaysia / 1mth

1MDB's US$346m suit against Rosmah: High Court sets trial for June

Malaysia / 1mth

Johor state election: MACC receives three reports of alleged corruption

Malaysia / 1mth

Guan Eng, wife, businesswoman to stand trial for corruption linked to RM11.6m project

Spotlight

Malaysia

Sarawak schools told to halt outdoor activities as haze pushes air quality into unhealthy range

World

Indonesia haze forces schools to close as wildfires intensify amid severe dry season

Malaysia

PN walkout over Tabung Haji debate a political misstep, says analyst

By Alfian Z.M. Tahir

Malaysia

51 witnesses to testify at inquest into death of 10-year-old boy found unconscious in school toilet

Malaysia

Female student arrested for allegedly hurting classmate with kerambit at school

World

Colombia quake death toll hits 111 as rescue teams race to find survivors

World

Trump secretly switched to third aircraft in Türkiye over Iran assassination threat

Malaysia

Anwar questions PN’s priorities after Tabung Haji RCI walkout

Malaysia

MACC, police probing TH after RCI findings as govt warns no one will be spared

By Alfian Z.M. Tahir

You may be interested

Malaysia

Man, 49, found dead in Banting plantation

Malaysia

Malaysian dies while transiting in Bangkok to Japan (video)

Malaysia

Syed Saddiq warns Tabung Haji bailout burden could fall on future generations

Malaysia

11 Sarawak areas hit with unhealthy air quality levels as haze worsens

Malaysia

78-year-old woman killed in crocodile attack while collecting snails in Sarawak

Malaysia

BN Melaka ready to discuss cooperation ahead of state polls

By Alfian Z.M. Tahir

Malaysia

Selangor yet to finalise funding for RM3 billion Shah Alam Stadium redevelopment

By Alfian Z.M. Tahir

Malaysia

Malaysia unveils RM4.3 billion renewable energy pipeline as ISES 2026 opens