KUALA LUMPUR: One of the charges against Datuk Seri Dr Ahmad Zahid Hamidi for the alleged embezzlement of Yayasan Akalbudi’s (YAB) funds made no mention of the sales agreement and purchase of a hotel in Bali, Indonesia, the High Court heard.
Defence lawyer Hisyam Teh Poh Teik, representing the former deputy prime minister, said the matter was totally irrelevant to the charge, when the prosecution claimed that part of the RM17.9mil in funds was misused for a share purchase deal.
“As far as the charge is concerned, there is no mention of the sale of shares from Tan Sri Abdul Rashid Manaf (83rd prosecution witness), no mention of Ri-Yaz Assets (Ri-Yaz Assets Sdn Bhd), no mention of Datuk Mohammad Shaheen Shah Mohd Sidek (84th prosecution witness), no mention of the purchase of the hotel in Bali and no mention of the sales agreement (shares).
“Such fundamental circumstance, My Lord, as all the evidence adduced by Tan Sri Rashid, Datuk Mohammad Shaheen Shah are totally irrelevant to the charge,” he said in his submission in reply to the prosecution’s case against Ahmad Zahid, who is facing charges of criminal breach of trust (CBT), corruption and money laundering.
“This narrative produced by the prosecution, the evidence (produced by the prosecution) is irrelevant. Nothing else beyond the four corners of the charge,” Hisyam said.
Last week, the prosecution told the court that the withdrawal of RM17.9mil from YAB funds by Ahmad Zahid was, among others, to facilitate his daughter’s bid to buy a boutique hotel in Bali.
The accused’s eldest daughter, Datuk Nurulhidayah, was interested in taking over the shares of Ri-Yaz Assets Sdn Bhd and was keen to run the hotel in Bali.
Ahmad Zahid, 68, is facing 47 charges – 12 for CBT, eight for corruption and 27 for money laundering – involving tens of millions of ringgit belonging to YAB.
For the 12 CBT charges, Ahmad Zahid was alleged to have used the funds to make six payments for his personal credit cards usage, insurance policies and licences for his personal vehicles, remittances to a law firm and contributions to the Royal Malaysia Police football association.
The offences were allegedly committed at the Affin Bank Bhd branch in Jalan Bunus, off Jalan Masjid India, here, between Jan 13, 2014 and Dec 23, 2016.
The charge, under Section 409 of the Penal Code, provides for a jail term of between two and 20 years, with whipping and a fine, upon conviction.
The hearing before Justice Collin Lawrence Sequerah continues on Nov 22 after Ahmad Zahid returns from his medical treatment in Munich, Germany. — Bernama