KUALA LUMPUR: The High Court refused to grant full acquittal against Datuk Seri Dr Ahmad Zahid Hamidi on charges of misappropriating funds belonging to his foundation Yayasan Akalbudi (YAB).
Presiding Judge Datuk Collin Lawrence Sequerah stated that the Attorney-General (AG) has the authority to initate and withdraw charges at any time before a judgement is rendered.
However, the Court of Appeal judge, who presided as High Court judge noted that judicial time and a great amount of taxpayers' money would have been wasted if the prosecution decided not to proceed with the case.
"Before I adjourn I wish to place on record that although powers of the AG under article 145 (3) of the Federal Constitution and 254 of Criminal Procedural Code to institute or withdraw charges is unquestioned.
"Should the prosecution decide in the near future that they will not proceed with the charges then much precious judicial time and great amount of taxpayers' money would have been wasted," he said.
Sequerah said this in his ruling when he allowed the prosection's application in granting a discharge not amounting to acquittal (DNAA) against the Bagan Datuk member of parliament today.
The court said it was clear for the reasons given by the prosecution that investigations were still ongoing as a result of numerous representations made by the defence.
"However, it must be borne in mind that it was intimated to the court on a previous occasion when an adjournment was sought for by the defence that these representations took up several pages.
"It is therefore justified that prosecution needed more time to examine these representations, which also involve taking statements from various individuals.
"The reasons given by the deputy public prosecutor, including the establishment of the Royal Comission of Inquiry (RCI), even without a timeline, do not suggest in any way that the charges in this case have concluded," he said.
Sequerah said the trial commenced on Nov 18, 2019, and as of now, 77 days of trial have passed, during which the prosecution has called a total of 99 witnesses.
Defence was called against Zahid and the trial was at the stage where the 15th defence witness was now giving evidence.
Earlier, Deputy Public Prosecutor Datuk Mohd Dusuki Mokhtar said the AGC had made the decision (to stop the case) based on various new evidence raised by the defence in their representation letters.
These included allegations of a politically motivated prosecution against Zahid and the RCI into former Attorney-General (AG) Tan Sri Tommy Thomas's memoir, among others.
"This matter undoubtedly has the potential to tarnish the reputation and credibility of the AGC as the prosecuting party and the Malaysian Anti-Corruption Commission (MACC) as the investigating body.
"It may appear to the public as if both of these institutions have been manipulated or exploited by certain parties for their own purposes.
"The accused has also raised a very serious issue in his representation letters regarding the allegation that he is a victim of selective prosecution by the previous government.
"The AGC believes that it is crucial for the prosecution and the MACC to thoroughly examine and investigate this claim," he said.
Zahid's lead counsel Datuk Hisyam Teh Poh Teik when pleading for full acquittal argued that the prosecution was unable to give their timeline on when the probe against his client would be completed.
"It is most unfair and unjust for the Sword of Damocles to hang over the head of my client.
"So we urge your Lordship to grant full acquittal under Section 245(3) of the CPC," he added.
Zahid, 70, is facing 47 charges of criminal breach of trust, graft and money laundering involving YAB funds.
He was accused of committing the offences between March 28, 2016, and April 11, 2018.
He was charged on Oct 19, 2018 and has since been ordered to enter his defence.
Zahid's lawyers have, however, filed representation letters to the AGC to have his charges dropped but a decision on the matter is pending.
The Umno president's defence team has contended their client should be freed as new evidence had emerged in the case.