Zahid’s DNAA ensures no miscarriage of justice

Saturday 30 Nov 2024

KUALA LUMPUR (Sept 8): The decision to apply for 'discharge not amounting to acquittal' for Datuk Seri Ahmad Zahid Hamidi in the Yayasan Akalbudi trial was to ensure there is no “miscarriage of justice”, said newly appointed Attorney-General (AG) Datuk Ahmad Terrirudin Mohd Salleh.

In a statement, the AG maintained this is not the first time charges in court were dropped after a prima facie case had been proven.

The AG could end the charges at any stage of the proceeding as long as a judgement has not been awarded by the court, and this includes the stage where prima facie has been proven, the statement said, referring to subsection 254(1) of the Criminal Procedure Code.

The role of the AGC, he said, is not “to convict a person at all costs”.

“On the contrary, the role of the department is to ensure the legal process is fully upheld based on the wording known as the Blackstone Ratio, ‘It is better that 10 guilty persons escape than one innocent suffers',” he said.

He further clarified that the Attorney-General’s Chambers (AGC) had never used the word ‘withdraw’ in the case involving the deputy prime minister, as stated by the Malaysian Bar.

“This department stressed that any discretion by the AG is not conducted arbitrarily”, said the AG, who added it was not due to interference by any party.

“It is solely after the AG took into account justice to all and for the sake of the administration of justice,” he added.

In the trial, the prosecution listed 11 arguments in stopping the charges in court against Zahid.

Referring to Zahid’s six letters or representation, the AGC was informed by the Malaysian Anti-Corruption Commission (MACC) that it is important to conduct a thorough investigation as a result of the representation.

The MACC would be required to investigate the matter after Zahid invoked new evidence, the prosecution added.

“Ahmad Zahid’s representation letter also touched on the investigation on the accused before, during and after being charged in court, which is said to have been done in a hurry, with negligence, was premature and incomplete.

“This certainly results in the AGC’s reputation and good name as the prosecution, and the MACC as the investigating body, tainted and seen by the public eye as if these two agencies are legal institutions that are being used by certain parties."

The AGC also felt it needed to look into the allegations of selective prosecution by the previous government, following the announcement of the formation of the Royal Commission of Inquiry (RCI) to investigate the issues raised by former AG Tan Sri Tommy Thomas in his memoir.

Further, the AGC also wanted to confirm the content of a leaked internal memo allegedly issued by the AGC in relation with the case.

It is the role of an AG to consider “all arguments and details” provided by the accused. The AG and the AGC are both required to work together with the investigating bodies on all details presented by the accused in the representations, the AG said.

“The AGC once more stresses that the AG is only performing its tasks and responsibilities as provided under the existing laws,” the statement read.

“Any decision on whether to charge the accused again, charge other related parties or otherwise, will be done by the department after a more detailed and comprehensive investigation has been conducted,” he said.

On Monday, the High Court upheld the application by the prosecution to discontinue 12 criminal breach of trust (CBT) charges, followed by eight for graft, and 27 for money laundering against Zahid in relation with Yayasan Akalbudi.

The decision ended a trial which had spanned three years and 10 months involving 99 witnesses, and which had established a prima facie case with Zahid having entered his defence.

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