KUALA LUMPUR: Datuk Seri Dr Ahmad Zahid Hamidi had never been led by the prosecution and the Malaysian Anti-Corruption Commission (MACC) to believe that he would get immunity from prosecution merely for disclosing information in relation to the Yayasan Akalbudi funds.
Deputy public prosecutor Datuk Raja Rozela Raja Toran said the former deputy prime minister is not entitled to immunity simply by virtue of having provided information to the anti-graft agency.
He had given the two statements on July 2, 2018 and July 3, 2018.
She submitted this in the prosecution's rebuttal on the point of law raised by the defence claiming that Zahid should have been given immunity under Section 30(7) of the MACC Act 2009, as he was the one who who revealed all information to MACC.
Raja Rozela said the defence was clearly driven by a false notion that the prosecution had relied on Zahid's statements to charge him in court.
"The defence was incorrect in suggesting that the prosecution had relied on those statements.
"The accused was not tried based on his statements. We relied on the statements of 99 witnesses (10 of which were investigating officers), majority of them were civilians whom had their statements recorded by the MACC accordingly," she said.
She added that the prosecution and the anti-graft agency had also not done anything to encourage the accused to believe that he will be given immunity based on the statements he provided.
The lead prosecutor said the literal interpretation the defence gave to Section 30(7) to give exemption from prosecution to anyone who disclosed any information regardless of the outcome of the investigation would make the law an absurdity.
The law, she said does not provide for immunities, but rather an exemption from being prosecuted at the discretion of the public prosecutor to those who assisted in the investigations.
However, she said the exemption from prosecution will not be given if the outcome of the investigation reveals that the person has committed an offence under this Act.
"Therefore, the claim of immunity by the defence is unsustainable," she said.
Section 30 (7) provides that any person who discloses any information to the MACC shall not be prosecuted unless he makes a false or misleading statement.
Raja Rozela will continue with her submissions before High Court Judge Datuk Collin Lawrence Sequerah on Oct 4.
Zahid, 68, is facing 47 charges, including 12 for CBT, eight for corruption and 27 for money laundering involving RM31 million of Yayasan Akalbudi funds.