PUTRAJAYA, Dec 12 (Bernama) — The Attorney-General's Chambers (AGC) has withdrawn its appeal against Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi's acquittal from 40 charges of corruption linked to the Foreign Visa System (VLN).
With the withdrawal of the appeal, the Shah Alam High Court's decision to acquit and discharge Ahmad Zahid, 71, remains intact.
During the proceedings today, AGC's deputy head of the appellate and trial division, Datuk Yusaini Amer Abdul Karim told the Court of Appeal three-judge panel of the withdrawal, citing the AGC’s acceptance of Ahmad Zahid’s representations.
Judge Datuk Che Mohd Ruzima, who led the panel, subsequently struck out the prosecution’s appeal. Sitting with him were Justices Datuk Azman Abdullah and Datuk Azmi Ariffin.
Yusaini told the court that the AGC, after examining the entire case, found no evidence to show that Ahmad Zahid had used his position directly to award the contracts.
"Evidence shows that the contracts were awarded before the respondent (Ahmad Zahid) assumed the position of Home Minister. This negates the existence of opportunities and or space for the respondent to abuse his power," he said.
He said the evidence showed that the process of extending the disputed contracts had been done in an orderly manner and complied with the prescribed procedures.
According to him, Ahmad Zahid had submitted two letters of representation to the AGC, dated Jan 26, 2023 and Feb 7, 2024.
He said the High Court judge had made several findings of fact, including that the source of money allegedly received in the case was not investigated and that some individuals who were said to be the sources of the disputed funds from abroad were not called during the investigation or the trial.
"After considering these representations and taking into account the findings of the High Court judges, the AGC found that there is a strong legal and factual basis to uphold the High Court's decision," said Yusaini
The Court of Appeal had set today to hear the prosecution’s appeal to overturn the High Court’s acquittal and compel Ahmad Zahid to enter his defence.
Ahmad Zahid was acquitted and discharged of all the charges by the Shah Alam High Court on Sept 23, 2022, without calling for his defence. The prosecution subsequently filed a notice of appeal with the Court of Appeal.
The Umno president had pleaded not guilty to 33 counts of receiving bribes amounting to S$13.56mil from Ultra Kirana Sdn Bhd (UKSB) for himself as home minister to extend the contract of the company as the operator of a one-stop centre (OSC) service in China and the VLN system, as well as to maintain its contract with the Home Ministry to supply the VLN integrated system.
He was alleged to have committed the offences at Seri Satria, Precinct 16, Putrajaya, and Country Heights, Kajang between October 2014 and March 2018.
He also claimed trial to 33 alternative charges under Section 165 of the Penal Code, where he was charged, in his capacity as Home Minister, with receiving bribes amounting to S$13.56 million concerning the VLN system between 2014 and 2017.
For the other seven charges, he was accused of obtaining for himself cash of S$1,150,000, RM3 million, 15,000 Swiss francs, and US$15,000 from the same company, which he knew had a connection with his official functions.
Ahmad Zahid was accused of committing the offences at a house in Country Heights, Kajang between June 2015 and October 2017.
When approached by the media after the court proceeding, Ahmad Zahid thanked his lawyers for their hard work and for submitting the two representations.
Meanwhile, Ahmad Zahid’s lead counsel Datuk Hisyam Teh Poh Teik said they are grateful to the AGC for considering the representations.
— BERNAMA
