KUALA LUMPUR (Jan 9): Civil society groups have criticised the decision by the Attorney General’s Chambers (AGC) in declaring no further action (NFA) against Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi in the Yayasan Akalbudi case, especially after prosecutors had already proven a prima facie case.
“It is important to note that the decision to discontinue the prosecution against Zahid was made after a prima facie case had been made out against him,” Center to Combat Corruption and Cronyism (C4 Center) and the Coalition for Clean and Fair Elections (Bersih) said in a joint statement. They said this means the prosecution had already proven all elements of the charges, which could have led to a conviction if not challenged.
“In other words, the prosecution had already proved their case against Zahid at this stage,” they added.
The groups questioned how subsequent investigations could negate evidence that had already been adduced in court by prosecutors themselves, noting that at the time the discharge not amounting to an acquittal (DNAA) was granted in September 2023, it was the defence’s turn to rebut the prosecution’s case.
“No mention of this aspect can be found in the AGC’s statement, which clearly calls into question the veracity of these so-called ‘investigations’,” they said.
C4 and Bersih asked the AGC to explain how a case that once had enough evidence for trial could now be considered insufficient to prosecute. They also urged the government to set clear prosecutorial guidelines for consistency and accountability.
Projek Sama and Rasuah Buster in a separate joint statement with Bersih also joined in the call for clear prosecutorial guidelines on discontinuing cases, especially those involving elected representatives and other powerful individuals. They also asked for there to be a requirement for reasoned explanation when charges are withdrawn or not pressed in high-profile cases of corruption, power abuse, criminal breach of trust (CBT) and money laundering, as well as independent oversight of major prosecutorial decisions. They said public accountability must take precedence over confidentiality.
C4 and Bersih said the AGC’s decision raises serious concerns about the integrity and independence of prosecutors and could undermine public trust in the criminal justice system.
They reiterated long-standing calls for the separation of the offices of the AG and public prosecutor, noting that the Madani administration has committed to tabling the necessary constitutional amendments this year.
The groups also raised concerns over the breadth of prosecutorial discretion under Article 145(3) of the Federal Constitution, which allows the AG to institute, conduct or discontinue proceedings at one’s discretion.
“This general lack of limitation creates situations like this, where unjustifiable decisions are made in deciding whether or not to prosecute someone,” C4 and Bersih said.
"We hold that this is not an acceptable state of affairs in any functioning democracy — prosecutors must be subject to proportionate and necessary limits on their powers and discretion in order to ensure justice is upheld, such as through the introduction of prosecutorial guidelines like the UK’s Code for Crown Prosecutors or the Australian Prosecution Policy of the Commonwealth," they added.
The AGC reclassified Zahid’s Yayasan Akalbudi case as NFA on Thursday, citing insufficient evidence after further investigations by the Malaysian Anti-Corruption Commission.
Zahid had faced 47 charges of CBT, bribery and money laundering over RM31 million allegedly misappropriated from his foundation. The AGC said the probe examined the source, use and acquisition of funds, as well as issues raised by Zahid during his defence.
“After examining the entirety of the materials and new evidence obtained as a result of the further investigations and scrutiny, [the AGC], based on prosecutorial evaluation and consideration, finds the available evidence is insufficient to support the continuation of the prosecution for all the charges,” the AGC said in a statement.
Zahid, who is also Umno president, is seeking a full acquittal in the Yayasan Akalbudi case following the AGC’s decision, lead defence counsel Datuk Hisyam Teh Poh Teik previously told The Edge.
In a separate case, Zahid was acquitted of all 40 graft charges related to a foreign visa system contract back in 2022. In December 2024, the prosecution withdrew its appeal against the acquittal.
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