KUALA LUMPUR: Despite the growing backlash, the High Court's decision to grant Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi a discharge not amounting to acquittal (DNAA) would not change the outcome of the by-election in Pulai and Simpang Jeram.
If any, political pundits highlighted that Zahid's DNAA was in favour of political partners in the unity government, Pakatan Harapan (PH) and Barisan Nasional (BN) to win the two constituencies in the by-election set to take place tomorrow.
They also believe that the decision made by the court has no link with Prime Minister Datuk Seri Anwar Ibrahim following the latter's firm stand on good governance.
Nusantara Academy for Strategic Research senior fellow Dr Azmi Hassan said while there were disgruntled voices by some PH supporters, the supporters were practically left with no choice but to vote for the coalition as not voting would allow Perikatan Nasional (PN) a win.
"Not supporting a PH candidate to show protest towards Zahid's case would only mean they are giving their votes to Pas and they do not want that to happen.
"Hence, even though there is disagreement, the PH voters will still go out and vote for their candidate, which fortunately is not an Umno candidate," he said when contacted.
Azmi added that not only Zahid, but the discharge granted to Datuk Seri Bung Moktar Radin and his wife, Datin Seri Zizie Izette Abd Samad from all corruption charges had also renewed hopes among Umno supporters who always had reservations about the party working with DAP in the government.
"Right from the beginning of the campaign period, they (Umno supporters) are a bit reluctant to go out and vote even though the candidates (for Pulai and Simpang Jeram) are from Amanah.
"(And) even though the discharge has nothing to do with Umno being part of the government, the perception (that it would give hope) is there and this will benefit PH-BN cooperation moving forward."
The same was pointed out by political analyst Dr Ainul Adzellie Hasnul who believes that the DNAA will not have an impact on the by-election outcome for PH-BN.
Ainul said that the sentiment among the voters this time around was no different from the sentiment during the six state election that concluded last month.
"I do not think the DNAA has any impact on the by-election for PH-BN and the decision makes no difference to the by-election outcome," he said.
At the same time, both Azmi and Ainul highlighted that there was no concrete evidence as to whether Anwar had direct involvement in Zahid's discharge.
Azmi said that it was also unfair for PH supporters to accuse Anwar of abandoning his principles in fighting corruption due to the DNAA.
"If any, Anwar has many times mentioned letting the court decide on the case. Hence, it is not his decision.
"Yes, the Attorney-General's appointment was done under the prime minister's advice, but there is no direct request by Anwar to drop this particular case."
Ainul, meanwhile, said Zahid's case has further demonstrated a separation of power between the executive, legislative and judiciary.
"Many are questioning the transparency of the DNAA, but the court has decided the DNAA and everyone must respect the decision.
"In fact, the court's decision shows that there is a separation of power between the executive, legislative and judiciary.
"Hence, I believe that Anwar is sticking with his principle of not interfering with the judiciary and PH will still uphold its principles and be transparent in eradicating corruption in the country."
On Monday, Zahid, who is also Umno president, was granted by the High Court a DNAA on 12 criminal breaches of trust charges, eight counts of bribery and 27 for money laundering, involving millions of ringgit belonging to the foundation.
Meanwhile, Universiti Teknologi MARA (UiTM) Institution of Malay Rulers chair fellow, Mujibu Abd Muis said if PH does not explain its stance concisely in a timely manner, not only would it tarnish PH's image, but also cast serious doubt over the unity government down the line.
"The opposing voices against Zahid's case now seem valid and the pressure is mounting on PH now."
"The public perception is going to be bad. PH would be seen as not sticking to their promise of good governance and being against corruption," said Mujibu.
Mujibu believed that Rosmah's current application to strike out all of the 17 money laundering and tax evasion charges she is currently on trial for, would also have an effect towards voters tomorrow.
"These will be tested among PH supporters who do not feel at ease with this since they vote PH for the cause of fighting kleptocracy," he said.
Counsel Lim Wei Jiet told NST, that the application to strike off charges is a right granted to the accused under the criminal procedure code.
"Every accused has the right to file an application to strike out charges against them. Whether they succeed or not is a different matter. That is up for the court to decide."
Within a month, it was observed that the former prime minister Tan Sri Muhyiddin Yassin has been discharged and acquitted on all four charges of abuse of power linked to the Jana Wibawa programme; Umno president Datuk Seri Dr Ahmad Zahid Hamidi was freed from all corruption charges for misappropriating funds belonging to Yayasan Akal Budi (YAB) and; Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abd Samad were freed from all corruption charges.
Lim however highlighted that a careful distinction has to be made among the above-mentioned cases.
"It is the defence that filed an application to strike out the charges in Muhyiddin's case. For Bung Moktar, they applied for a revision to the High Court to argue that the Sessions Court made a mistake by finding a prima facie case and calling for the defence."
"But for Zahid, it is the prosecution that withdrew ( the charges) and the court did not have a choice but to grant a discharge not amounting to acquittal (DNAA) or a full acquittal."
"(For) Zahid, it is the prosecution. It is the government that decided to drop the case," said Lim, who is also the vice president of Muda.