Malaysia

Judge rejects Zahid’s bid to get statements of 15 witnesses in trial

Datuk Collin Lawrence Sequerah cites public policy, public interest in dismissing application

Updated 4 years ago · Published on 09 May 2022 8:08PM

Judge rejects Zahid’s bid to get statements of 15 witnesses in trial
Datuk Seri Ahmad Zahid Hamidi is being tried for 47 charges involving criminal breach of trust, corruption and money laundering. – Bernama pic, May 9, 2022

KUALA LUMPUR – The high court here today rejected former deputy prime minister Datuk Seri Ahmad Zahid Hamidi’s application to obtain recorded statements of 15 witnesses from the Malaysian Anti-Corruption Commission (MACC) in his corruption case involving Yayasan Akalbudi (YAB) funds.

Judge Datuk Collin Lawrence Sequerah said the court considered public policy and public interest as paramount in determining the application, as decided by a Federal Court ruling in the case of the Securities Commission.

“In my view, public policy and public interest elements extended to the defence stage of a criminal trial. They (witnesses) can be subject to intimidation and for example coerced to depart from what is in the statements.

"Revenge may be taken for what is disclosed in the statements and this is not unfounded. Potential witnesses would be reluctant to come forward and give statements and evidence as confidentiality is not assured and there would be an obstruction in the administration of justice,” he said.

Sequerah further said MACC investigating officer Khairudin Kilau had expressed his concern on why the statements from prosecution witnesses who were offered to the defence should not be given.

“Khairudin disclosed in his affidavit that the witnesses were privileged because they were made in the course of official communication and in confidence to the MACC,” he said.

The judge said Khairudin was of the view that any disclosure will prejudice and compromise public interest because the statement was made in the belief and expectation that it will remain confidential.

Khairudin said this would result in future witnesses becoming hesitant to give statements and this would, in turn, hamper future investigations, he said.

He said Khairudin’s concern came within the ambit of Section 124 of the Evidence Act.

Section 124 states that no public officer shall be compelled to disclose communications made to him in official confidence when he considers that public interest would suffer by the disclosure.

On February 18, the defence filed an application to obtain the statements of the 15 witnesses.

The defence sought the statements of witnesses, including Datuk Seri Mohamad Nasaee Ahmad Tarmizi, who is the brother of Ahmad Zahid, as Nasaee's statement was important to the 11th charge faced by Zahid.

On January 24 this year, Sequerah ordered Zahid to enter his defence on 47 charges of criminal breach of trust, corruption and money laundering involving YAB funds after finding that the prosecution had succeeded in proving a prima facie case.

Zahid testified in his defence trial on April 13 and will resume giving evidence on May 23. – Bernama, May 9, 2022

Related News

Malaysia / 1d

Three more political figures expected to be charged soon

Malaysia / 6d

MACC personnel must declare assets within one month - MACC Chief

Malaysia / 1w

Penang undersea tunnel case: IO denies ignoring important aspects of investigation

Malaysia / 4w

IJM Corp confirms Krishnan Tan cleared from MACC investigations

Malaysia / 1mth

Rafizi at MACC again, hands over documents, gives voluntary statement

Malaysia / 1mth

Azam Baki clocks out of MACC headquarters for last time

Spotlight

Malaysia

Women are pillars of national progress, community formation - PM Anwar

Malaysia

Muhyiddin's 'congratulatory' message to Hamzah a fake

Malaysia

Hamzah Zainudin launches new political party, Parti Wawasan Negara

Malaysia

Disturbing video of alleged employers assaulting their helper goes viral (video)

Malaysia

Illegal Rohingya settlement demolished after widespread public outcry

Malaysia

Three more political figures expected to be charged soon

Malaysia

Ten Johor “hotseat” constituencies set for fierce multi-cornered battles

You may be interested

Malaysia

Johor MB questions federal engagement as KTM Komuter launch invitation remains outstanding

Malaysia

E-hailing driver injured after alleged assault by three passengers in Skudai

By Alfian Z.M. Tahir

Malaysia

Opposition realignment looms as PAS considers coalition shake up, RESET movement

Malaysia

‘Keep it clean’: Anwar demands transparency and discipline as twin state polls begin

Malaysia

Social media fuels youth vulnerability as it delivers 'information without wisdom’

Malaysia

Eight homes destroyed in morning fire at Kuala Perlis

Malaysia

Federal-Sabah alliance takes centre stage as PM pushes growth for future prosperity

Malaysia

PH eyes clean sweep in Negeri as coalition unity fuels election confidence