KUALA LUMPUR (Sept 5): The arguments behind the request for Datuk Seri Ahmad Zahid Hamidi’s discharge in the Yayasan Akalbudi trial were deemed “cogent” by the High Court, said the Attorney General’s Chambers.
In a statement, the AGC emphasised that the application for a discharge not amounting to acquittal (DNAA) had “already been accepted by the court”.
“When making the ruling, the honorable judge stated that the arguments presented by the prosecution are cogent,” the statement said.
It was addressing criticism regarding its decision to discontinue 12 criminal breach of trust (CBT) charges, followed by eight for graft, and 27 for money laundering in relation with Yayasan Akalbudi.
The criticism touched on the prosecution’s move to accept Zahid’s letters of representations earlier this year, and to discontinue the charges despite the court having established a prima facie case, with Zahid having entered his defence.
At the trial on Monday, High Court judge Datuk Collin Lawrence Sequerah upheld the application by deputy public prosecutor (DPP) Datuk Mohd Dusuki Mokhtar, who pointed to instructions from the AG to discontinue the charges.
The DPP also pointed to a Royal Commission of Inquiry (RCI) into former AG Tan Sri Tommy Thomas’ controversial memoir. According to the prosecution, there was a need to investigate Thomas’ memoir, which is relevant to Zahid’s charges.
Mohd Dusuki, however, requested for a DNAA instead of a full acquittal, as the Malaysian Anti-Corruption Commission (MACC) is still investigating the charges.
A DNAA means an accused person can face trial for the same charges in the future, if the prosecution decides to reinstate them.