KUALA LUMPUR – Datuk Seri Ahmad Zahid Hamidi will be taking the stand in his Yayasan Akalbudi trial after the high court here ordered the Umno president to enter his defence.
Presiding judge Datuk Collin Lawrence Sequerah said the decision was made after the court found the prosecution has established a prima facie case against the former deputy prime minister.
The decision comes almost three years after Zahid was first slapped with 47 graft-related charges over his alleged role in the misappropriation of millions of ringgit of the charity’s funds.
The charges comprised 27 counts of money laundering, 12 of criminal breach of trust, and eight of corruption.
In announcing his decision, Sequerah ruled that a prima facie case has been established for all 47 charges, and gave Zahid three options in entering his defence, namely to give sworn evidence, to give an unsworn statement from the dock, or to remain silent.
In response, Zahid’s lawyer Datuk Hisyam Teh Poh Teik informed the court that his client will be giving a sworn statement.
Sequerah also set the hearing for the defence stage on March 28.
The Bagan Datuk MP had claimed trial when the charges were filed against him on February 20, 2019 at the Kuala Lumpur sessions court, before the case was later transferred to the high court.
The prosecution had concluded its case against Zahid last month.
Yayasan Akalbudi was established in 1997 to help eradicate poverty and promote Islamic education, two years after Zahid was elected as Bagan Datuk lawmaker.
Explaining his decision, Sequerah said Zahid is not entitled to “immunity” from prosecution on the grounds despite truthfully disclosing all transactions related to Yayasan Akalbudi.
Prior to today’s decision, Zahid’s legal team argued that the former deputy prime minister should be given immunity under Section 30(7) of the Malaysian Anti-Corruption Commission (MACC) Act, which states that anyone who discloses information or produces any document to the authorities will not be incriminated.
The provision however has since been repealed on October 1, 2018.
The defence team contended that Zahid’s statements on the foundation and its funding, recorded by MACC officers in July 2018, had qualified him for said “immunity” under the provision.
However, the prosecution team led by Datuk Raja Rozela Raja Toran argued that the immunity privilege raised by Zahid was merely an attempt to strike out all charges.
Instead, the prosecutors suggested that Zahid could have filed for a judicial review before the civil courts to determine if he was entitled to immunity.
The prosecution rested its case after 99 witnesses were called up to testify in the case. – The Vibes, January 24, 2022
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