PUTRAJAYA (March 18): The appeal against the acquittal of Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi in the foreign visa (VLN) case has been postponed to Sept 9 this year, as the Attorney General’s Chambers (AGC) is still reviewing the latest representations sent by Zahid in February. 

Zahid’s lawyer Datuk Hisyam Teh Poh Teik told the three judge bench at the Court of Appeal on Monday, led by Datuk Hadhariah Syed Ismail, that the defence had sent a new set of representations to the AGC on Feb 7 this year, which is still pending response. 

“There were two representations made (to the AGC); the latest one was sent in Feb 7, 2024. It is still pending [at] the AG. I think it’s most fair and just that they (the AGC) consider the representations made by the respondent (Zahid),” Hisyam said. 

He also told the bench that Zahid needed the postponement on Monday, as he had to chair a ministry meeting later in the day. 

Deputy Public Prosecutor (DPP) Datuk Mohd Dusuki Mokhtar did not object to the postponement sought by Zahid. 

“We have no objection to the adjournment, as we need ample time for due consideration from [the] two representations sent to us. We have no objection for other dates to be set,” he said. 

Zahid had also sent representations to the AGC in January 2023. 

Hadhariah, who was flanked by Datuk Azman Abdullah and Datuk SM Komathy Suppiah, however cautioned the lawyers against delaying the case and wasting her time, saying she had freed up all her other pending cases to analyse and read the voluminous notes of proceedings from the High Court trial. 

“There has to be a full stop somewhere, whatever has been said here.

“I’ve spent days reading the appeal records in this case; I focused to understand the case from A to Z, even the notes of [the] proceedings. It’s hard to do this because it’s very voluminous; I really studied it. I don’t want to say much because the DPP also asked for adjournment, together with the respondents,” she said. 

“It ran into 1,000 pages; I did not focus on other cases,” she said about preparing to hear this appeal. 

She then fixed Sept 9 for the appeal to commence. 

A letter of representation is normally sent by lawyers to either ask for a reduction or a withdrawal of the charge. In Ahmad Zahid’s case, it would likely be a withdrawal of the appeal.

The Shah Alam High Court in September 2022 acquitted the Umno president of 40 counts of graft with regard to the VLN case, without calling his defence.

The 40 counts of graft comprised 33 charges under Section 16(A)(B) of the Malaysian Anti-Corruption Commission Act, and seven charges under Section 165 of the Penal Code.

Judge Datuk Mohd Yazid Mustafa, who has since retired, ruled that the prosecution had failed to prove a prima facie case, and questioned the size of the brown envelope that Ultra Kirana Sdn Bhd directors Harry Lee Vui Khiun and Wan Quoris Shah Wan Abdul Ghani, as well as former administrative manager David Tan Siong Sun had purportedly used to deliver foreign currencies, mainly Singapore dollars, to Zahid. 

Yazid further said that their evidence for the delivery of cash monies was not corroborated, as there were no CCTV recordings or pictures tendered, unlike in Datin Seri Rosmah Mansor’s corruption case, in which independent witnesses testified on the delivery of millions of cash in bags.

Subsequently, the prosecution filed an appeal against this decision and during the last case management, the court had fixed March 18 for mention and set March 18 as the appeal hearing date.

Zahid had already been granted a discharge not amounting to an acquittal (DNAA) in August last year with regard to 47 counts of criminal breach of trust, graft and money laundering of Yayasan Akalbudi funds.

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