KUALA LUMPUR – The acquittal of Umno president Datuk Seri Ahmad Zahid Hamidi of all 40 graft charges concerning the foreign visa system raises questions about the competence and professionalism of Malaysian prosecutors, a civil society group said.
Malaysians Against Death Penalty and Torture (Madpet) said the high court judge’s decision to grant the acquittal based on the lack of a prima facie case against Zahid also raises questions of the prosecution’s independence.
“(We) call for an investigation of the deputy public prosecutors involved in this case, to determine whether there was any failure of duty, intentionally or otherwise.
“(We) also call for reform and/or laws to ensure the independence of deputy public prosecutors handling a particular criminal case, including the freedom from instruction/orders from others, including the government of the day,” Madpet spokesman Charles Hector said in a statement.
On Friday, the Shah Alam High Court acquitted Zahid, without requiring him to enter his defence, of all 40 charges of receiving bribes and obtaining gratification for himself as home minister to extend the contract of a company operating a foreign visa system.
High court judge Datuk Mohd Yazid Mustafa said the prosecution had failed to prove that Zahid received monies, and that the key witnesses in the trial were not credible.
Madpet said that prosecutors should have sufficient evidence to prove guilt beyond reasonable doubt before charging a person with an offence.
“To not do so may be considered an abuse of power on the part of the prosecution.
“There is a need to question whether the DPP acted independently and professionally,” Madpet said, adding that negligence and intentional mishandling of prosecution duties should be criminalised.
The group also urged the public prosecutor to appeal Zahid’s acquittal so that the appellate court can confirm if there was any error of judgment on the part of the high court.
Zahid still has another graft trial pending at the Kuala Lumpur High Court, involving 47 charges of criminal breach of trust, money laundering and bribery over RM21.25 in funds from charity foundation Yayasan Akalbudi. – The Vibes, September 25, 2022
