THE prosecution is aggrieved about Shah Alam High Court’s decision to acquit Umno president Ahmad Zahid Hamidi from all 40 charges of receiving bribes in connection with the Foreign Visa System (VLN).
In its petition of appeal filed yesterday, the prosecution, as the appellant, submitted 14 reasons focused on the findings of fact and law made by Judge Mohd Yazid Mustafa in the bribery case.
The prosecution alleged Yazid erred in terms of facts and law when he ruled that it (the prosecution) had failed to prove its case and failed to comprehensively assess evidence given to prove every element of the charges faced by Zahid.
“The judge had erred after he rejected proof of the element of accepting bribes and the element of obtaining valuables without any favour in return from Ultra Kirana Sdn Bhd (UKSB) when there was sufficient and solid oral evidence and documents to prove it,” the prosecution said.
The prosecution also stated that the judge misdirected himself when rejecting the evidence regarding the delivery of bribes to Zahid when comparing the facts between the case and Rosmah Mansor’s bribery case regarding the hybrid solar project.
The prosecution claimed that the judge erred in assessing the credibility of the prosecution witnesses when he failed to take into account that they had no malicious or hidden motives when giving evidence about giving or sending money to the deputy prime minister.
“The trial judge erred when he rejected the testimony of prosecution witnesses not only on weak and unreasonable grounds, but also took into account irrelevant evidence, which was never presented, and also made conclusions based on fabricated doubts.
“The judge erred when he failed to take into account the testimony of the prosecution witness that a ledger presented as evidence was a current document and rejected it completely even though there was sufficient evidence to prove otherwise,” the prosecution claimed.
The prosecution’s appeal is set for case management on January 10 at the Court of Appeal.
On September 23, Yazid acquitted Zahid after finding that the prosecution had failed to establish its case.
Zahid was charged with 33 counts of receiving bribes and seven counts of obtaining money from the same company, which he knew had links with his official function.
He was charged with committing the offences at Seri Satria, Precinct 16, Putrajaya, and Country Heights Kajang between October 2014 and March 2018. – Bernama, December 30, 2022.
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