The Kuala Lumpur High Court today dismissed the prosecution’s application to review the Sessions Court’s decision to allow the case of former deputy prime minister Ahmad Zahid Hamidi (photo), who is facing seven charges of accepting bribes totalling S$4.24 million via overseas visa (VLN) system, to be transferred to the Shah Alam Sessions Court.
Justice Mohd Nazlan Ghazali in his judgment said he found no error in the transfer order made by the Sessions Court under Section 104 of the Subordinate Courts Act 1948.
“Based on the record of proceedings of the Sessions Court, the transferring of the seven charges to the Sessions Court in Shah Alam, or the transfer order, is not incorrect, illegal or improper to justify this court reviewing the transfer order of the Sessions Court.
“Based on the above grounds, I dismiss the application,” he said, adding that the only issue was the argument that it is for the general convenience of the witnesses that the charges be heard in Kuala Lumpur instead of Shah Alam.
“In present-day Malaysia, however, there is little practical difference between Shah Alam and Kuala Lumpur given the progress made to the road and transportation system in the Klang Valley.
“It is also certainly not uncommon to find those who work in Kuala Lumpur and Putrajaya to reside in Shah Alam or vice versa, and this has not been taken into account for potential witnesses for the defence should they be called,” he said.
The prosecution applied for a review of the decision by Sessions Court Judge Azman Ahmad on July 31 which allowed Ahmad Zahid's application to transfer the case to be tried with 33 other corruption charges relating to VLN at the Shah Alam Sessions Court.
Deputy public prosecutor Gan Peng Kun argued that prosecution witnesses are mostly from Kuala Lumpur and Putrajaya, and this fact was stated in the prosecution's affidavit reply.
Counsel Ahmad Zaidi Zainal, who is representing Ahmad Zahid, said even though the case is heard in Shah Alam, it would not burden any witnesses from attending.
On June 26, Ahmad Zahid was charged with seven counts of accepting bribes amounting to S$4.24 million involving the VLN system two years ago.
For all the charges, Ahmad Zahid was accused of receiving S$4.24 million from Ultra Kirana Sdn Bhd as inducement for himself as a public officer, namely the Home Minister at the Home Ministry, to extend the contract of the company as a one-stop service centre in China for the VLN system.
He was accused of committing the offences at Seri Satria in Precinct 16, Putrajaya between March 28, 2017, and March 2, 2018.
The charges were made under Section 16 (a)(B) of the Malaysian Anti-Corruption Commission Act 2009 and is punishable under Section 24 (1) of the same act which carries a maximum of 20 years jail and a fine of not less than five times of the value of the bribe or whichever is higher.
On June 27, Ahmad Zahid was slapped with 33 charges for accepting bribes amounting to RM42.76 million from a company linked to the VLN system.
- Bernama
