PN lawyer Rafique jibes AG as “ignorant” for declaring Zahid a free man after his NFA conferment
PERIKATAN Nasional lawyer Rafique Rashid has accused Attorney-General (AG) Tan Sri Mohd Dusuki Mokhtar as having committed a blunder by stating that Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi cannot be charged again after the latter has been granted NFA (no further action).
The NFA classification follows the Kuala Lumpur High Court having on Sept 4, 2023 which granted the UMNO president a DNAA (discharge not amounting to acquittal) on all 47 prima facie charges encompassing criminal breach of trust (CBT), graft and money laundering pertaining to his Yayasan Akalbudi case.
“I humbly say that the AG has been ignorant (khiilaf),” the Pejuang information chief penned on his Facebook page. “This is wrong, inaccurate incorrect. It’s merely sweeping (the case) under the carpet. Just a lame excuse.”
"Keputusan bukan suka-suka..."
1.Itu kata Peguam Negara tentang NFA Zahid Hamidi.
2.Dengan rendah diri saya katakan Peguam Negara khilaf.
...See moreRecall that then lead prosecutor Datuk Raja Rozela Raja Toran had handled Zahid’s prosecution prior to her resignation which led to Dusuki succeeding her with the eventuality of the Barisan Nasional (BN) chairman granted a DNAA.
Following this, DAP had pressed for former AG Tan Sri Idrus Harun to provide an open explanation to the rakyat with regard to factors that led to the granting of DNAA by the KL High Court.
“The investigation papers were readily available. The MACC (Malaysian Anti-Corruption Commission) had investigated and found criminal elements,” Rafique who runs his Petaling Jaya-based legal practice at Law Practice of Rafique outlined chronology of the case.
“The judge (Datuk Collin Lawrence Sequerah) heard the case with 99 witnesses called. And arguments submitted.
“The then deputy public prosecutor (DPP) Raja Rozela (now a judge) worked hard to present the case. The judge found prima facie (elements). Given this was a strong case, Zahid must defend himself. Prima facie in simple terms means if you keep quiet you go to jail.”
Can always be charged again
Contrary to Dusuki’s justification that the NFA decision was reached given the case against Zahid “had been diluted” and that “I didn’t make this decision lightly”, Rafique claimed that regardless whether a case has been classified as NFA or DNAA, the accused can always be charged again.
“Power to accuse, charge, withdraw or to proceed with a case doubtlessly lies with the AG in accordance with Article 145(3) of the Federal Constitution.
“But all powers have their limitation. They must be transparent and sincere. NFA is meaningless in law after a case has started. Whether it’s NFA for investigation papers or DNAA, an accused can always be charged again.”
Delving further, Rafique contended that “the case is still open” with the accused “can always be charged when the government changes”.
Ramkarpal Singh
on ThursdayMEDIA STATEMENT
1. The decision by the Attorney General’s Chambers to take no further action in respect of the 47 charges for which Deputy Prime Minister Dato Seri Ahmad Zahid Hamidi was charged, does not inspire confidence and raises questions over the transparency of investigations into the matter by the AGC.
2. In a statement, the AGC attributed the said decision to a comprehensive review of the material before it although no mention was made as to whether it had review...
See more“The new AG can always pursue the matter with a review of the case by the new Prime Minister. The only exception when a case cannot be charged again or to be discontinued is when the Court orders acquittal and release.
“It’s impossible to charge the accused a second time after he has been acquitted and released if there’s no appeal. This is in tandem with Article 7(2) of the Federal Constitution.” – Jan 13, 2026
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