KUALA LUMPUR: The prosecution’s application for Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi to be granted a discharge not amounting to an acquittal (DNAA) on all his 47 charges, was made based on the grounds submitted and accepted by the court.
The Attorney-General’s Chambers (AGC) said that Judge Datuk Collin Lawrence Sequerah, who made the ruling, stating that the grounds submitted by the prosecution were solid and convincing.
“Referring to media reports describing the Attorney-General’s decision not to proceed with charges against Datuk Seri Dr Ahmad Zahid Hamidi as immoral, the chambers wish to clarify that the application for discharge not amounting to an acquittal was made to the court based on the grounds submitted and duly accepted by the court,” AGC said in a statement.
“When making this decision, the Honorable Judge stated that the grounds submitted by the prosecution were cogent,” it said.
Monday (Sept 4), the High Court granted Ahmad Zahid a DNAA on all 47 of his criminal breach of trust (CBT), corruption and money laundering charges, in relation to Yayasan Akalbudi (YAB) funds.
Judge Sequerah made the ruling after hearing 11 grounds submitted by deputy public prosecutor Datuk Mohd Dusuki Mokhtar in relation to halting the trial. - Bernama
11 reasons for Zahid's DNAA in Yayasan Akal Budi case - DPP
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| MEMO AGC |
THERE were 11 reasons on Datuk Seri Dr Ahmad Zahid Hamidi's discharge not amounting to acquittal (DNAA) in Yayasan Akal Budi case, according to Deputy Public Prosecutor Datuk Ahmad Dusuki Mokhtar.
1. The defence called 15 witnesses including Zahid himself. The prosecution believes that the testimonies of these witnesses need to be examined by both the prosecution and the investigators.
2. Zahid submitted two representation letters to the Attorney General's Chambers (AGC) dated Dec 8, 2022, and Jan 25, 2023, respectively.
3. Following the letters, the Malaysian Anti-Corruption Commission (MACC) informed the AGC on Jan 20, 2023, that it is crucial to conduct a further detailed, comprehensive, and in-depth investigation.
4. Zahid once again, on Feb 28, 2023, and March 7, 2023, sent four more representation letters to raise new issues and evidence, which undoubtedly required MACC to investigate.
5. The letters also addressed the issue of the investigation into the accused before, during, and after being charged in court, which was alleged to have been rushed, careless, premature, and incomplete.
6. This matter undoubtedly has the potential to tarnish the reputation and credibility of AGC as the prosecuting party and the MACC as the investigating body. It may appear that these institutions have been manipulated or exploited by certain parties for their own agenda.
7. To ensure that Zahid's rights are not denied and to prevent any miscarriage of justice. We believe that all charges against Zahid should be temporarily halted at this time, but only with the effect of a DNAA until a more thorough and comprehensive investigation is completed.
8. The prosecution believes that this court should take note on the Cabinet's announcement to establish a Royal Commission of Inquiry (RCI) to investigate the former Attorney-General Tan Sri Tommy Thomas's memoir and the revelations he made regarding charges made against certain individuals.
9. Zahid raised a serious issue in his representation letters such as claiming that he is a victim of selective prosecution by the previous government. The AGC believe that it is crucial for the prosecution and the MACC to thoroughly examine and investigate this claim.
10. This is in line with the RCI's objectives, which, among other things, aims to investigate allegations related to professional misconduct by the highest officeholders in the country.
11. An internal memo purportedly issued by the AGC regarding the ongoing case has circulated on social media. The AGC is taking steps to verify the content of this internal memo and believes it is important as it directly addresses the issues raised by Zahid in his letters.
