KUALA LUMPUR – The prosecution has failed to prove a prima facie case in all 12 criminal breach of trust (CBT) charges against Datuk Seri Ahmad Zahid Hamidi involving Yayasan Akalbudi funds as his former aide had control and custody over cheque books belonging to the foundation and the former deputy prime minister, the high court was told today.
Defence counsel Hamidi Mohd Noh said the issuance of all 52 cheques in the 12 CBT charges is linked to Zahid’s former executive secretary, Mejar Mazlina Mazlan @ Ramly, who is the 90th prosecution witness (SP90).
“For the 12 CBT charges, SP90 is the prosecution’s most important witness because, at the material time, she managed the financial affairs of Yayasan Akalbudi, particularly on making payments for Yayasan’s account.
“Mejar Mazlina had full control, possession and custody of all cheque books belonging to Yayasan Akalbudi and the accused, and she was the only one who held the keys to the drawer where the cheques were kept – even the accused did not have the keys.
“It is SP90’s evidence that she has also been managing the accused’s personal matters, particularly the accused’s personal finances, including his personal cheques. These tasks were taken upon the passover of duties from Datuk Rosnah (accused’s previous executive secretary) to SP90,” he said in his submission at the end of the prosecution’s case before judge Datuk Collin Lawrence Sequerah.
Hamidi said it was thus safe to infer that the accused himself did not have the liberty, nor access, to prepare the relevant cheques.
“A close scrutiny of the circumstances on how and why the cheques were issued will show that criminal liability cannot be attached to the accused,” he said.
The lawyer said out of 52 cheques, 44 were related to credit card charges.
Hamidi further submitted that there was no criminal liability on the accused in respect of the 32 stamped cheques used for the credit card payments.
He said his client did not put the stamped signatures on all the 32 cheques, and there was no evidence that the stamp was in the accused’s possession. However, unequivocal evidence said SP90 did so, he said.
“Culpability must be attached to SP90 as she had negligently stamped the cheques. Despite her evidence that the accused had given consent (which was challenged), her evidence on this point and others where she tries to implicate the accused does not inspire confidence.
“There is a further reason why the evidence from SP90, where she said the accused consented to the ‘stamp’ being used for cheque purposes, cannot be credible. The reason is that the prosecution did not produce any authorisation for the bank to clear its cheques with stamped signatures instead of them being handwritten,” he said.
Zahid, 68, faces 47 charges – 12 involving CBT, eight on corruption and 27 on money laundering – involving tens of millions of ringgit in Yayasan Akalbudi funds.
For the 12 CBT charges under Section 409 of the Penal Code, Zahid is alleged to have used the funds to make payments for personal credit card bills, insurance policies and licences for his personal vehicles, besides remittances to a law firm and contributions to the Royal Malaysia Police football association.
The defence will continue with its submissions tomorrow. – Bernama, September 7, 2021
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