“There were issues of fact and issues of law raised by his lawyers in the representations. As such, we reviewed the matter again and found that further consideration was necessary.” – Attorney General Tan Sri Mohd Dusuki Mokhtar
KUALA LUMPUR (Jan 12): Attorney General Tan Sri Mohd Dusuki Mokhtar clarified on Monday (Jan 12) that the Attorney General’s Chambers (AGC) decision to discontinue Umno president Datuk Seri Dr Ahmad Zahid Hamidi’s Yayasan Akalbudi case by classifying it as “no further action” (NFA) was not made on a whim but after careful consideration of six representation letters submitted by Zahid’s lawyers.
Dusuki, while speaking to the press at the “Opening of the Legal Year 2026” event, added that there were factual issues and issues of law that were considered by the AGC based on the six representations that they received.
“We exercised our powers under the law when we considered the representations submitted — there were six representations, as you know. It must be understood that I did not act arbitrarily or on a whim.”
“There were issues of fact and issues of law raised by his lawyers in the representations. As such, we reviewed the matter again and found that further consideration was necessary. This ultimately led us to classify the case as no further action,” he said.
On Jan 8, the AGC released a statement and said that the case was dropped due to insufficient evidence after further Malaysian Anti-Corruption Commission (MACC) investigations, following the discharge not amounting to an acquittal (DNAA) on his 47 charges on Sept 4, 2023.
The anti-graft body’s continued probe into the case covered aspects related to the source of funds, methods of acquisition and utilisation of said funds, as well as matters raised by Zahid in six representations submitted to the AGC when the now-deputy prime minister was called to enter his defence.
“At the time Datuk Seri Zahid was charged, there were many shortcomings. Some questioned why a prima facie case had been established, and we have now reviewed the matter again. This review was carried out solely because of the representations that were submitted.”
He said that the case is now at an end, and it is “settled” permanently.
Dusuki said he used his powers under Article 145 of the Federal Constitution to “close” Zahid’s Yayasan Akalbudi case.
“No further action, we will not have any other action. Cannot be charged again, already settled once and for all,” he said.
Dusuki’s statement comes after civil groups demanded an explanation on the AGC’s action in declaring NFA for the Yayasan Akalbudi case especially when a prima facie case had been proven.
The groups, which included Center to Combat Corruption and Cronyism (C4) and the Coalition for Clean and Fair Elections (Bersih), questioned how subsequent investigations could negate evidence that had already been adduced in court by prosecutors themselves, noting that at the time the DNAA was granted in September 2023, it was the defence’s turn to rebut the prosecution’s case.
In explaining the investigation into the Yayasan Akalbudi case, Dusuki said it was comprehensive, encompassing ‘all angles’ and found that the case was “diluted”.
“There were facts we had to look at. There were legal issues and after considering all that we surmised that the case should not go on. It has been diluted,” he said.
Dusuki explained that it was not unusual for DNAA to be given when Zahid’s case had a prima facie basis.
“We respect the (High Court) judge’s decision. However, everyone must understand that there are certain cases where, even after the accused has been called to enter a defence and convicted at the High Court level, the decision can still be reviewed by the Court of Appeal. In many instances, there is a need for the charges to be reduced or amended. This happens frequently, even after a conviction,” he said.
“Therefore, when people say that the existence of a prima facie case is sufficient, that view is inaccurate, with due respect. The decision I made was not made arbitrarily,” he said.
In their statement last week, the AGC said that the NFA for Zahid’s Yayasan Akalbudi case was made based on “professional and legal considerations, taking into account the interests of justice, the integrity of the prosecutorial process, as well as the need to ensure certainty and transparency in the criminal justice system”.
Zahid was previously accused of dishonest misappropriation of RM31 million belonging to his charitable foundation, Yayasan Akalbudi. He faced 12 criminal breach of trust charges, eight for graft and 27 for money laundering. He was granted a DNAA on the charges in September 2023.
Back in December last year, lawyer Datuk Syed Amir Syakib Arsalan Syed Ibrahim filed a judicial review application with the High Court seeking to direct the AG to either proceed or formally discontinue prosecution against Zahid over the Yayasan Akalbudi case.
Prior to this, Zahid was acquitted of all 40 graft charges pertaining to a foreign visa contract back in 2022. The prosecution withdrew its appeal against the acquittal in December 2024.