THE prosecution in Ahmad Zahid Hamidi’s corruption trial has applied for a discharge not amounting to acquittal (DNAA) but the deputy prime minister’s defence team is requesting that the court acquit him.

Judge Collin Lawrence Sequerah adjourned proceedings to decide on the matter.

Last month, Zahid’s legal team had urged the Attorney-General’s Chambers (AGC) to decide on two letters of representation that were sent to prosecutors on December 8 last year and January 25 this year.

They said the letters – numbering some 200 pages – cited new evidence that supported Zahid’s innocence.

Zahid had been ordered to enter his defence on all 47 charges, involving 12 charges of criminal breach of trust, eight of corruption and 27 of money laundering.

He is accused of embezzling millions of ringgit from Yayasan Akalbudi and accepting bribes for various projects during his tenure as the home minister between 2013 and 2018.

This morning, the head of the prosecution team, Mohd Dusuki Mokhtar said the application for DNAA was made in accordance with section 254 of the criminal procedure code.

He also presented 11 reasons for the application, including to give the Malaysia Anti-Corruption Commission (MACC) an opportunity to conduct a detailed investigation into the defence testimony of 15 witnesses, including the accused.

“After the defence called 15 witnesses, including the accused himself, we think that the testimony of these witnesses should be examined by the prosecution and also by other investigating agencies.

“Therefore, the prosecution team would like to request the judge to stop the proceedings against the accused until a detailed investigation of this case is carried out by the MACC,” he said.

Dusuki also said Zahid’s representations had touched on the issue of the investigation against him before, claimed to have been done hastily, carelessly, prematurely and was incomplete.

“This matter inevitably affects the reputation and good name of the AGC as well as the MACC if these two institutions are seen to have been manipulated by certain parties.

“In order not to deny the rights of the accused and more importantly, so that there is no legal misconduct, we believe that the charges against him should be dismissed for the time being, but only give the effect of DNAA to the accused until a more comprehensive and complete investigation is completed,” he said. 

He also urged the court to take note of the establishment of a royal commission of inquiry to investigate the issues raised in the memoir written by former attorney-general Tommy Thomas and the disclosures he made in relation to the charges against certain individuals.

“The accused also raised a very serious issue in his letters of representation regarding the allegation that he was a victim of selective prosecution from the previous government.

“The AG believes it is very important for the prosecution and the MACC to look into and also investigate this allegation,” he said. – September 4, 2023.