KUALA LUMPUR: Former deputy prime minister Datuk Seri Dr Ahmad Zahid Hamidi has been ordered to enter his defence against all 47 criminal breach of trust (CBT), corruption and money laundering charges involving funds from Yayasan Akalbudi, a charity foundation which he had set up.
High Court judge Datuk Collin Lawrence Sequerah ruled that the prosecution had established a prima facie case against the 68-year old Umno President on all 12 criminal breach of trust (CBT), eight corruption and 27 money laundering charges.
"After conducting maximum evaluation of the evidence I find the prosecution has proven all ingredients of the charges against the accused.
"I therefore order you to enter your defence against all the charges," he said.
Earlier, Sequerah dismissed the defence's arguments that Zahid, who is also Bagan Datuk Member of Parliament, should be granted immunity from the charges.
Sequerah said he found no merit in granting immunity to Zahid against the charges as had been argued by the accused's lawyers.
He later told Zahid's lawyers to explain to their client the choices he had in entering his defence and Zahid immediately said he would be giving sworn testimony from the witness stand.
It was previously reported that Zahid's lawyers had argued that their client should be granted immunity as he had truthfully disclosed all information pertaining to the transactions involving Yayasan Akalbudi funds during investigations conducted by the Malaysian Anti Corruption Commission (MACC).
However, this argument was rubbished by Deputy Public Prosecutor (DPP) Datuk Raja Rozela Raja Toran who described the defence's literal interpretation of the MACC Act as absurd.
Meanwhile, Zahid's lead counsel Hisyam Teh Poh Teik later asked for the court to fix Apr 26 onwards for Zahid to enter his defence.
He said the defence needed time to interview the 37 witnesses that had been offered by the prosecution.
"We will be unable to meet the original date of March 28 that has been fixed as we would need to interview the witnesses, check and vet everything.
"It would be best if we can start from Apr 26 onwards," he said, adding the defence expected to call about 20 witnesses to testify in Zahid's defence.
Sequerah eventually said while he did not favour vacating the earlier dates, he would be fair to the defence and grant them the later date to start their case.The prosecution had closed its case against Zahid on March 19 last year after calling 99 witnesses, including Zahid's former special officer Wan Ahmad Wan Omar; legal firm Lewis & Co partner B Muralidharan; money changer Omar Ali Abdullah; and Zahid's former executive secretary Major Mazlina Mazlan @ Ramly.
The trial began on Nov 18, 2019.
The high Court had set today for decision on whether Zahid should be called to enter his defence after hearing submissions from Deputy Public Prosecutor Raja Rozela Raja Toran and defence counsels Teh and Hamidi Mohd Noh.
Zahid had pleaded not guilty to 12 CBT charges, eight counts of bribery and 27 for money laundering, involving tens of millions of ringgit belonging to charity foundation Yayasan Akalbudi.
For the CBT charges, Zahid is alleged to have used the funds to make six payments for his personal credit card usage, insurance policy and licence for his personal vehicles, remittances to a law firm and contributions to the Royal Malaysia Police Football Association.
The offences were allegedly committed at Affin Bank Bhd branch on Jalan Bunus, off Jalan Masjid India here between Jan 13, 2014 and Dec 23, 2016.
The charges, under Section 409 of the Penal Code, provide for a jail term of between two and 20 years, and with whipping and a fine, upon conviction.
Zahid is also charged with eight counts of bribery, where he is alleged to have accepted bribes from three companies, namely Mastoro Kenny IT Consultant & Services, Data Sonic Group Bhd and Profound Radiance Sdn Bhd, as an inducement for him, in his capacity as home minister then, to help the companies to obtain MyEG projects, supply passport chips and to be appointed the
operator of the migrant visa one-stop centres in Pakistan and Nepal, respectively.
He is charged with committing the offences, framed under Section 16(a)(B) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, at the Maybank branch at Dataran Maybank on Jalan Maarof, Bangsar here between July 15, 2016 and March 15, 2018.
The Bagan Datuk MP also faces 27 charges of money laundering by engaging in direct transactions involving income from illegal activities between March 29, 2016 and April 11, 2018.
All the offences were allegedly committed at the Malayan Banking Bhd Dataran Maybank branch on Jalan Maarof, Bangsar, and Marhaba Enterprise Sdn Bhd on Jalan Bukit Bintang here between March 29, 2016 and April 11, 2018.
Separately, Zahid is also facing 40 other charges at the Shah Alam sessions court of having accepted bribes from a company over the overseas visa system, which brings the total charges against him to 87.
The case is fixed for continued hearing on Feb 3.