Anticipating ‘manipulation’, Zahid’s lawyers defend AG’s decision to discontinue trial
Previously on August 24, Datuk Seri Ahmad Zahid Hamidi’s lawyers had also in a joint statement urged the attorney general to speed up his decision on Zahid’s application to have all 47 charges reviewed. — Picture by Ahmad Zamzahuri
Monday, 04 Sep 2023 5:35 PM MYT
KUALA LUMPUR, Sept 4 — The attorney general’s (AG) decision to stop the Yayasan Akalbudi trial against Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi is merely an ordinary exercise of his powers to discontinue court cases, Zahid’s lawyers said today.
In trying to pre-empt any potential “manipulation” of the AG’s move to discontinue all 47 charges against Zahid as an issue, Zahid’s lawyer Datuk Ahmad Zaidi Zainal sought to defend the prosecution’s move.
“Following the attorney general’s decision today, we believe that the attorney general’s decision here may possibly be manipulated by certain quarters, however, we wish to stress that the attorney general is only exercising his existing discretion as provided for under Article 145(3) of the Federal Constitution,” Zaidi said when reading out a joint statement by him and Zahid’s lead defence lawyer Datuk Hisyam Teh Poh Teik, Hamidi Mohd Noh and Aiman Abd Rahman.
A check of Article 145(3) shows that the attorney general has the powers “exercisable at his discretion” to initiate, conduct or discontinue any court proceedings for any offences, except for proceedings before a Shariah court, a native court or a court martial.
Reading out Zahid’s defence team’s six-page press statement to a large number of media personnel at the Kuala Lumpur court complex, Zaidi also sought to defend both the AG’s decision to discontinue the trial as well as Zahid’s repeated attempts through representation letters to ask the AG to drop all 47 charges.
“This is not the first time for any attorney general to use the existing discretion as provided for under the laws to take action to withdraw charges from being prosecuted in court.
“In other words, the exercise of discretion under Article 145(3), Federal Constitution actually is an ordinary matter when the attorney general can accept the reasons given by the accused through the representations given.
“Furthermore, this process of representation is also not a new matter, as it has already become a practice before this, regardless of whether at the various stages of trial at the Magistrate’s Court until the Federal Court, including for cases involving the mandatory death penalty,” Zaidi said, when referring to the practice by accused persons who may typically write to the attorney general through representations for various types of cases and for cases at various levels of courts.
Accused persons can typically send in representation letters to the attorney general for purposes such as to seek the dropping of charges or to ask for alternative charges with lower penalties.
Throughout Zahid’s lawyers’ statement, they did not mention the name of the attorney general who decided to temporarily discontinue Zahid’s Yayasan Akalbudi’s trial at this stage.
Previously on August 24, Zahid’s lawyers had also in a joint statement urged the attorney general to speed up his decision on Zahid’s application to have all 47 charges reviewed.
Tan Sri Idrus Harun’s contract as AG ends tomorrow, with Solicitor-General Datuk Ahmad Terrirudin Mohd Salleh to succeed him as AG this Wednesday.
The High Court was initially scheduled to continue hearing Zahid’s trial today, but the prosecution informed the court that it wished to discontinue the trial against Zahid in line with the AG’s powers under Article 145 of the Federal Constitution and Section 254 of the Criminal Procedure Code.
The prosecution applied for a DNAA based on at least 11 reasons including to enable more comprehensive and complete investigations to be carried out on Zahid’s case, while Zahid’s lead defence lawyer Datuk Hisyam Teh Poh Teik had argued that Zahid should be fully acquitted without the possibility of being charged with the same charges hanging over his head.
Judge Datuk Collin Lawrence Sequerah then decided to grant a discharge not amounting to an acquittal (DNAA) for Zahid’s case, which means Zahid has been released of the 47 charges for now but could still be prosecuted with the same charges again in the future.
Zahid, who is also Umno president and Barisan Nasional chairman, was facing 47 charges in this case, namely, 12 counts of criminal breach of trust in relation to over RM31 million of his charitable organisation Yayasan Akalbudi’s funds, 27 counts of money laundering, and eight counts of bribery charges of over RM21.25 million in alleged bribes.
Yayasan Akalbudi was founded with the purported objectives of receiving and administering funds for the eradication of poverty and enhancing the welfare of the poor.
Monday, 04 Sep 2023 5:35 PM MYT
KUALA LUMPUR, Sept 4 — The attorney general’s (AG) decision to stop the Yayasan Akalbudi trial against Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi is merely an ordinary exercise of his powers to discontinue court cases, Zahid’s lawyers said today.
In trying to pre-empt any potential “manipulation” of the AG’s move to discontinue all 47 charges against Zahid as an issue, Zahid’s lawyer Datuk Ahmad Zaidi Zainal sought to defend the prosecution’s move.
“Following the attorney general’s decision today, we believe that the attorney general’s decision here may possibly be manipulated by certain quarters, however, we wish to stress that the attorney general is only exercising his existing discretion as provided for under Article 145(3) of the Federal Constitution,” Zaidi said when reading out a joint statement by him and Zahid’s lead defence lawyer Datuk Hisyam Teh Poh Teik, Hamidi Mohd Noh and Aiman Abd Rahman.
A check of Article 145(3) shows that the attorney general has the powers “exercisable at his discretion” to initiate, conduct or discontinue any court proceedings for any offences, except for proceedings before a Shariah court, a native court or a court martial.
Reading out Zahid’s defence team’s six-page press statement to a large number of media personnel at the Kuala Lumpur court complex, Zaidi also sought to defend both the AG’s decision to discontinue the trial as well as Zahid’s repeated attempts through representation letters to ask the AG to drop all 47 charges.
“This is not the first time for any attorney general to use the existing discretion as provided for under the laws to take action to withdraw charges from being prosecuted in court.
“In other words, the exercise of discretion under Article 145(3), Federal Constitution actually is an ordinary matter when the attorney general can accept the reasons given by the accused through the representations given.
“Furthermore, this process of representation is also not a new matter, as it has already become a practice before this, regardless of whether at the various stages of trial at the Magistrate’s Court until the Federal Court, including for cases involving the mandatory death penalty,” Zaidi said, when referring to the practice by accused persons who may typically write to the attorney general through representations for various types of cases and for cases at various levels of courts.
Accused persons can typically send in representation letters to the attorney general for purposes such as to seek the dropping of charges or to ask for alternative charges with lower penalties.
Throughout Zahid’s lawyers’ statement, they did not mention the name of the attorney general who decided to temporarily discontinue Zahid’s Yayasan Akalbudi’s trial at this stage.
Previously on August 24, Zahid’s lawyers had also in a joint statement urged the attorney general to speed up his decision on Zahid’s application to have all 47 charges reviewed.
Tan Sri Idrus Harun’s contract as AG ends tomorrow, with Solicitor-General Datuk Ahmad Terrirudin Mohd Salleh to succeed him as AG this Wednesday.
The High Court was initially scheduled to continue hearing Zahid’s trial today, but the prosecution informed the court that it wished to discontinue the trial against Zahid in line with the AG’s powers under Article 145 of the Federal Constitution and Section 254 of the Criminal Procedure Code.
The prosecution applied for a DNAA based on at least 11 reasons including to enable more comprehensive and complete investigations to be carried out on Zahid’s case, while Zahid’s lead defence lawyer Datuk Hisyam Teh Poh Teik had argued that Zahid should be fully acquitted without the possibility of being charged with the same charges hanging over his head.
Judge Datuk Collin Lawrence Sequerah then decided to grant a discharge not amounting to an acquittal (DNAA) for Zahid’s case, which means Zahid has been released of the 47 charges for now but could still be prosecuted with the same charges again in the future.
Zahid, who is also Umno president and Barisan Nasional chairman, was facing 47 charges in this case, namely, 12 counts of criminal breach of trust in relation to over RM31 million of his charitable organisation Yayasan Akalbudi’s funds, 27 counts of money laundering, and eight counts of bribery charges of over RM21.25 million in alleged bribes.
Yayasan Akalbudi was founded with the purported objectives of receiving and administering funds for the eradication of poverty and enhancing the welfare of the poor.
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