PETALING JAYA: Several Opposition politicians and activists have raised their concern over the High Court’s decision to grant Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi a discharge not amounting to an acquittal (DNAA) against all 47 graft charges involving Yayasan Akalbudi funds.
Former Malaysian Anti-Corruption Commission (MACC) chief and human rights activist Latheefa Koya questioned the rationale for Ahmad Zahid’s acquittal.
“Shameful. How can this ever be justified? Prima facie case was established.
“What does this say to our MACC officers who dedicate their lives to fighting corruption? What message is this Govt sending out?” she said in a post via X, formerly Twitter, yesterday.
She was MACC chief from 2019 to 2020.
Pendang PAS MP Datuk Awang Solahuddin Hashim said that Ahmad Zahid’s DNAA was a “black day” for the country.
“There is now the perception that those in power will be freed and that the ordinary public will be punished.
“Normally, when you are called to court for your defence, there is a more than 80% likelihood that you might be found guilty. But the prosecution had asked for a discharge not amounting to an acquittal,” he said.
He added that the country’s image on the international stage would be affected.
“It will cause foreign investors to be wary of investing in Malaysia,” he said.
The Coalition for Clean and Fair Elections (Bersih) said Prime Minister Datuk Seri Anwar Ibrahim should not delay in announcing a clear roadmap and timeline for the separation of powers between the Public Prosecutor and Attorney General’s Chambers (AGC).
“Any further delay in reform of the AGC may greatly damage credibility for the unity government, which is now associated with this precedent for politically-connected trials.
“Until the separation is done, the AGC must refrain from withdrawing charges in high-profile cases.
“If cases are defective, let judges rule on that, not prosecutors who are ultimately under the Prime Minister’s control.
“Malaysians are sick of seeing this correlation: Those who stay in power forever stay innocent, while those who lose power also lose their innocence,” it said.
Perikatan Nasional MP for Tasek Gelugor Datuk Wan Saiful Wan Jan said that parties should refrain from comparing Ahmad Zahid’s DNAA with Perikatan chairman Tan Sri Muhyiddin Yassin’s acquittal of charges.
“In Muhyiddin’s case, prosecutors appealed the High Court’s decision to allow Muhyiddin to strike out the charges and are now appealing the court’s verdict.
“But in Zahid’s case, the prosecutors applied for Zahid to be released, although the court had previously found that the prosecution had succeeded in bringing up a prima facie case for all charges against him,” the former Bersatu information chief wrote in a Facebook post.
Muhyiddin had previously been discharged and acquitted by the High Court of four charges involving abuse of power to obtain a RM232.5mil gratification for Parti Pribumi Bersatu Malaysia on Aug 15.
It was reported that the High Court’s decision in acquitting and discharging the former prime minister only involves four predicate charges under Section 23 of the Malaysian Anti-Corruption Commission Act 2009.
The decision was made solely based on the scope of the application filed by the applicant.
A notice of appeal has been filed by the prosecution to challenge the validity of the decision.
Former Bersih chairperson Maria Chin Abdullah said after four years of trial and use of public funds, Ahmad Zahid’s discharge was a setback for the people’s movement.
“To say that the case can be picked up again at a later stage makes a mockery of the justice system.
“The prosecution must give a fuller, honest and open explanation on their reasons for seeking a DNAA for such a high-profile case,” she said.
