Zahid granted DNAA over Yayasan Akalbudi corruption case

Deputy Prime Minister Ahmad Zahid Hamidi has been granted a discharge not amounting to an acquittal (DNAA) of the corruption case involving millions of ringgit from Yayasan Akalbudi.

The DPP said the DNAA bid is based on 10 or 11 reasons, among them to allow a more comprehensive and complete investigation into Zahid's case.

The Kuala Lumpur High Court this morning granted the DNAA sought by deputy public prosecutor Mohd Dusuki Mokhtar.

DNAA opens the possibility of Zahid being recharged in the future if prosecutors wish to revisit the matter.

Zahid’s counsel Hisyam Teh Poh Teik, however, had sought for a full acquittal.

On Dec 8 last year and Jan 25 this year, the defence team sent letters of representation to Attorney-General Idrus Harun to seek a review of the graft case.

Under the law, a letter of representation is a method for the accused to seek prosecutors to review the criminal case against him or her, such as dropping the charges or for the accused to plead guilty to a lesser charge.

Outgoing Idrus is currently on leave, with Solicitor-General Ahmad Terrirudin Mohd Salleh set to take over as attorney-general on Wednesday this week.

Prima facie case

The trial before Sequerah was at the defence stage after the criminal court ordered Zahid to enter his defence to the charges in January last year.

Sequerah had ruled that the prosecution succeeded in establishing prima facie (answerable case) against Zahid over 12 charges for criminal breach of trust (CBT) under Section 409 of the Penal Code; eight charges under Section 16(a)(B) of the MACC Act 2009; and 27 charges under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

For the CBT charges, Zahid was accused of using the funds to make six payments for his personal credit card usage, insurance policy and licences for his personal vehicles, remittances to a law firm, and contributions to the Royal Malaysia Police Football Association.

The offences were allegedly perpetrated at an Affin Bank Berhad branch in Jalan Bunus off Jalan Masjid India, Kuala Lumpur, between Jan 13, 2014, and Dec 23, 2016.

Under Section 409 of the Penal Code, CBT offences are punishable with a maximum jail term of 20 years, as well as whipping, and fine.

In relation to the eight bribery charges, Zahid was purported to have accepted bribes from three firms - Mastoro Kenny IT Consultant & Services, Datasonic Group Bhd and Profound Radiance Sdn Bhd - as inducement for him in his then capacity as home minister to help the companies to secure MyEG projects, supply passport chips, and to be appointed the operator of the migrant visa one-stop centres in Pakistan and Nepal, respectively.

Laid under Section 16(a)(B) of the MACC Act 2009, the offences were allegedly committed at a Maybank branch at Dataran Maybank, in Jalan Maarof, Bangsar, Kuala Lumpur, between July 15, 2016, and March 15, 2018.

On the 27 money laundering charges, the Bagan Datuk MP was alleged to have engaged in direct transactions involving income from illegal activities between March 29, 2016, and April 11, 2018.

The offences were purportedly committed at Malayan Banking Berhad, Dataran Maybank branch, Level 1, Tower A, No 1 Jalan Maarof, Bangsar and Marhaba Enterprise Sdn Bhd, LG 1.15, Fahrenheit88, 179 Jalan Bukit Bintang, Kuala Lumpur, between March 29, 2016, and April 11, 2018.

VLN appeal pending

During the prosecution stage of the trial that began on Nov 18, 2019, and wrapped up in March 2021, 99 witnesses were called to testify - including Zahid’s former special officer Wan Ahmad Wan Omar as well as the accused’s former executive secretary Major Mazlina Mazlan@Ramly.

Other notable witnesses that took the stand for the prosecution were B Muralidharan, a partner of legal firm Lewis & Co, and money changer Omar Ali Abdullah.

In September last year, the Shah Alam High Court acquitted Zahid over a separate corruption case linked to the Foreign Visa System (VLN).

However, the prosecution has a pending appeal at the Court of Appeal to reverse the VLN case verdict.

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