ON September 4, when Deputy prime minister Ahmad Zahid Hamidi was granted a discharge not amounting to acquittal (DNAA) for corruption and money laundering in relation to Yayasan Akalbudi funds, it triggered a torrent of reponses from local pundits and fuelled a failed protest.

The fury was directed primarily at prime minister Anwar Ibrahim and only secondarily on the presumed flaws in the system. Zahid being Anwar’s deputy makes the first understandable, though still misplaced. For contrast and perspective, note the lack of outrage when former prime minister Muhyiddin Yassin was acquitted of corruption charges involving RM232.5 million.

As for presumed flaws of the system, Malaysia remains one of the few countries that has successfully prosecuted and jailed its former chief executive. Same system but vastly different results. What gives?

In the conviction of former prime minister Najib Razak, both the attorney-general (AG) Tommy Thomas and lead prosecutor, the late Gopal Sri Ram, were not career civil servants. That suggests it would be more fruitful to look not at the system, but the dramatis personae in Zahid’s case.

With Zahid, AG Idrus Harun, now safely retired, was a local law graduate who had never spent a day of his career outside the insular civil service, typical of an affirmative action product. More significantly, he requested the DNAA just days before retiring and amid a long trial that had already consumed over 53 court days, heard from 99 witnesses, and where the judge had earlier ruled there was prima facie evidence and ordered Zahid to enter his defence on all counts.

Idrus’s purported reason to seek a DNAA at the late stage was, as reported by Anwar, “to clear his (Idrus’) conscience before retiring.”

I thought Idrus’ conscience was (or should have been) clear when he first filed those charges.

As for the initial lead prosecutor, Raja Rozela Toran, her courtroom performances indicated she was not in the least intimidated by Zahid’s exalted position. Unlike Idrus, Raja Rozela opted for early retirement to enter the private sector, not typical for a product of affirmative action, further confirmed by the fact that she, again unlike Idrus, was not a local law graduate.

As for the trial judge, Collin Lawrence Sequerah, constrained in both his options and opinions, could only comment that asking for a DNAA at this late stage was but a massive waste of taxpayers’ money. Behind that legal decorum, he was in fact excoriating Idrus.

I do not know where Sequerah obtained his law qualification, but he had spent a chunk of his career at a major law firm before becoming a judge. That, along with his name, suggests he was unlikely to be a product of affirmative action.

Idris’ successor is Ahmad Terrirudin Salleh, another local law graduate who had spent his entire career in the civil service. He is also most likely an affirmative action product. As such, we can expect another Idrus-type performance.

When Anwar became prime minister I suggested he replace both Idrus and Malaysian Anti-Corruption Commission chief Azam Baki. In retrospect, it was wise that Anwar did not. Imagine the uproar had an Anwar-appointed AG seek Zahid’s DNAA! Alas, this observation was missed by those who claimed political interference in Zahid’s discharge.

Had Anwar appointed another AG in the calibre of Thomas, Muhyiddin and Zahid would today be in jail with Najib. Anwar would then be relieved of a major political headache, with Zahid’s Umno deputy Mohamad Hasan becoming the new deputy prime minister. Umno would then have been unlikely to leave Anwar’s coalition as its leaders would have been enjoying their perks.

When Anwar appointed Zahid, Anwar was aware he (Zahid) faced those charges. While “innocent till proven guilty” is a fine legal precept in a criminal courtroom, it is not so when choosing someone for positions requiring high levels of trust. 

However, Malaysians, in their wisdom, did not give Anwar a majority mandate. He had to reach out to Zahid. Crafting a political coalition is not for the purist or faint-hearted.

It was thanks to Anwar’s political genius that Malaysia has a stable government today. He has spared Malaysia the malignant leadership of the discredited Dr Mahathir Mohamad and his band of incompetents in Perikatan Nasional. For those critical of Anwar, nothing focuses the mind more than to think of the alternative.

I hope the parliamentary select committee will grill all major players in Zahid’s case, except of course the judge. Anwar should seize that opportunity to replace the AG and MACC chief with competent professionals from the outside. An infusion of fresh top talent is what the nation desperately needs. – October 11, 2023.

* M. Bakri Musa reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.