CRIMINAL liability cannot be passed to Ahmad Zahid Hamidi because of his former executive secretary Mazlina Mazlan @ Ramly’s incompetence in her duties at Yayasan Akalbudi, the Umno president’s lawyers told the Kuala Lumpur High Court.

Zahid’s 12 charges of criminal breach of trust (CBT) cannot stand just because he pre-signed or stamped cheques, lawyer Hamidi Mohd Noh told the court in the former deputy prime minister’s trial involving funds from the foundation.

Culpability must be attached to Mazlina who managed the financial affairs of Yayasan Akalbudi at the material time, Hamidi said during submissions to the court today.

Mazlina is the prosecution’s 90th witness in Zahid’s corruption case involving millions of ringgit of funds from the charitable organisation established to help the poor and needy.

“Mazlina confirmed that she has full control and custody over the cheques belonging to Yayasan Akalbudi and the accused,” Hamidi said.

Zahid’s defence team also said Mazlina conceded to “countless errors” of overpayments and underpayments during cross-examination.

Zahid is the sole signatory, owner and founder of Yayasan Akalbudi. The foundation was set up in the 1990s as a limited company for the purpose of carrying out charity work.

Today is the second day of oral submissions by Zahid’s lawyers to present their final arguments before the court decides whether the Bagan Datuk MP should enter his defence.

For the 12 CBT charges, Zahid was alleged to have used the funds to make payments for his personal credit cards, insurance policies and licenses for his personal vehicles. He also allegedly made remittances to a law firm and contributions to the police football association.

Of the 12 CBT charges, his defence today argued on six of them, which were in relation to payments of credit cards involving 44 cheques.

The defence said that the charges had no prima facie case because 32 cheques were stamped and not signed by hand.

“There was no evidence that the stamp was in the accused’s possession. Unequivocal evidence says that Mazlina did so.

“She was the only one who held the keys to the drawer where the cheques were kept… even the accused did not have the keys.

“Therefore, the prosecution cannot be said to have proven a prima facie case on these six CBT charges for credit cards,” Hamidi said. 

The court adjourned at 12.15pm and will resume tomorrow before judge Collin Lawrence Sequerah.

The 12 CBT charges are part of a total of 47 charges, which include eight for corruption and 27 for money-laundering – involving tens of millions of ringgit belonging to Yayasan Akalbudi.

Zahid, 68, is liable to a jail term of up to 20 years and a fine of not less than five times the bribe amount or RM10,000, whichever is higher. – September 7, 2021.