KUALA LUMPUR: The High Court was told Datuk Seri Dr Ahmad Zahid Hamidi should have been immune from prosecution as he had truthfully disclosed all information pertaining to the transactions involving his own foundation Yayasan Akalbudi.
Lawyer Hisyam Teh Poh Teik, who represented Ahmad Zahid, said the accused had made two statements on July 2, 2018 (marked as D35) and on July 3, 2018 (marked as D36) pursuant to Section 30(3)(b) of the Malaysian Anti-Corruption Commission (MACC) Act.
These two statements, Hisyam said, were admitted through the 89th prosecution witness Fairul Rafiq Hamirudin, the first investigating officer called by the prosecution.
Under cross-examination, the witness confirmed he had access and custody of the statements and had also vetted the statements.
“These exhibits are also admissible under Section 30(9) of the Act. In this instant case, your Lordship will have to accept the contents of both D35 and D36, hook, line and sinker, as they amount to information,” he said, adding his client was not prosecuted for giving untrue information in respect of the two statements.
Through the two statements, Hisyam contended his client had disclosed information, and therefore, under Section 30(7) of the MACC Act, Ahmad Zahid was “clothed with immunity” from prosecution.
“Subsection 30(7) stands on its own and immunity is granted for information given pursuant to that subsection,” he said.
Hisyam raised this point of law during the defence’s submission at the end of the prosecution’s case in Ahmad Zahid’s trial yesterday.
The lawyer said it was appropriate for the defence to claim immunity as the prosecution had closed its case and the entire prosecution’s narrative and all the exhibits were before the court.
Hisyam also submitted that there had been “unnecessary and over” prosecution against Ahmad Zahid, as based on the information his client had given in D35, 46 of the 47 charges should not have been proffered.
“It is our submission that the accused in the instant case has been over prosecuted. Indeed, he has been unnecessarily prosecuted,” the lawyer said.
Hisyam also mentioned former attorney general Tan Sri Tommy Thomas, whom he said instituted the charges against Ahmad Zahid.
He quoted a passage from Thomas’ book My Story: Justice in the Wilderness that touched on Ahmad Zahid’s prosecution.
“My Lord has heard, read and seen the evidence led by the prosecution. It is our respectful and forceful submission that despite the then AG’s confidence in securing a conviction, the reality is that the charges were framed on thin ice. There is no prima facie evidence, let alone overwhelming evidence as contended,” Hisyam added.
The submission continues today before Justice Collin Lawrence Sequerah.
Ahmad Zahid is on trial for a total of 47 charges, 12 of which are for criminal breach of trust, eight for bribery and 27 for money laundering involving millions of ringgit belonging to Yayasan Akalbudi.