PUTRAJAYA: The attorney-general (A-G) has withdrawn all of the prosecution's appeals against Datuk Seri Dr Ahmad Zahid Hamidi's acquittal from 40 charges of corruption in connection with the Foreign Visa System (VLN) two years ago.
Deputy public prosecutor Datuk Yusaini Amer Abdul Karim informed a three-member Court of Appeal panel (CoA) led by Datuk Che Mohd Ruzima Ghazali of the matter.
"Following the A-G and the prosecution's application to withdraw the appeals against the respondent (Zahid), with this, the court strikes off the appeals," Che Ruzima said.
In September 2022, Zahid was freed by the Shah Alam High Court of all 40 charges of receiving bribes from a company to extend VLN contract.
Subsequently, on Dec 29, the prosecution filed a petition of appeal against the High Court's ruling by listing 15 grounds why the appellate court should reverse Zahid's acquittal and order him to enter his defence.
During proceedings today, Yusaini said the Attorney-General's Chambers (A-GC) decided to withdraw the appeals after considering Zahid's two representations, dated Jan 26, 2023, and Feb 7 this year.
"The A-GC had also considered the findings of the High Court trial judge. The A-GC finds there is strong legal and factual basis to uphold the High Court judge's decision.
"Accordingly, the A-G withdraws all the appeals filed here," he told Che Ruzima, who sat with Datuk Azman Abdullah and Datuk Azmi Ariffin.
Yusaini said after looking into the case in its entirety, the A-GC found no evidence that showed Zahid had directly used his position to award the contracts, the subject matter in the trial.
"The evidence showed that the contracts had been awarded before Zahid assumed the home minister position and this had denied him the existence of a chance or space to commit abuse of power.
"The evidence in this case showed that the extension process of the disputed contracts had been done in an organised manner and adhered to the stipulated procedures," he said.
He added that the ledger recorded by a prosecution witness had showed various financial transactions involving names of many individuals.
"There is no record to show that these transactions or individuals were probed throughout this case.
"These matters stated show that there is a serious gap in the chain of evidence in this case," he said.
Yusaini said the High Court judge had also made several factual findings where the source of money said to be accepted in this case was not investigated.
He said several individuals, said to be the source of disputed funds from abroad, were not called during the investigation nor during the trial.
"There is no evidence submitted on the entry process of three witnesses into Zahid's residences.
"There is no evidence to show the money was handed over by the witnesses to Zahid.
"This is based on the conflicting evidence between two witnesses," he said.
Zahid, who is rural and regional development minister and Umno president, was represented by lawyer Datuk Hisyam Teh Poh Teik.
In 2022, High Court judge Datuk Yazid Mustafa ruled that the prosecution had failed to establish a prima facie case against Zahid.
He said witnesses who testified against Zahid were not credible or trustworthy and their testimony could not be relied on.
The judge said even though there were suggestions that Zahid had received money there was no sufficient evidence to prove it.
On the delivery of the cash to Zahid's house, he said the prosecution did not produce any close circuit television (CCTV) footage to show this happened.
Zahid, who is Bagan Datuk member of parliament, was slapped with 33 charges of receiving bribes amounting to S$13.56 million (RM42 million) from Ultra Kirana Sdn Bhd (UKSB) to extend the firm's contract as the operator of a one-stop centre in China and the VLN system as well as to maintain a contract for the supply of the VLN integrated system.
He was also accused of another seven counts of obtaining for himself S$1.15 million, RM3 million, 15,000 Swiss francs and US$15,000 from the same company in connection with his official duties.
He was charged with committing all the offences at Seri Satria in Precinct 16, Putrajaya, and at Country Heights, Kajang, between October 2014 and March 2018.