The Court of Appeal has confirmed that it will hear the prosecution’s appeal against Ahmad Zahid Hamidi’s acquittal in his foreign visa system (VLN) corruption case when it comes up for hearing on March 18.A three-member bench chaired by Justice Hadhariah Syed Ismail said the hearing date, fixed in November last year, will be maintained.- FMT, 29/1/2024The date for the Appeal was confirmed the end of January - 18/3/2024.
When the Court of Appeal sits, the panel of judges is normally determined just before the hearing date, and then these judges of the Court of Appeal would prepare - and this include reading the file, usually all the documents in the file. They would also study the relevant law - including past court judgments. This is what the judge did in this appeal before the hearing date.
"Hadhariah[COA Judge Hadhariah Syed Ismail] who appeared displeased with the outcome, said she had spent several days examining the entire case, including reading the appeal and the proceedings notes. It is really exhausting to read the proceedings notes because they are very voluminous... It ran into thousands of pages."I did not touch any other cases... I am indeed focused on understanding the entire case from A to Z."I do not want to say more since the prosecution did not object (to the adjournment)," she said.
The parties who are involved know about the Court of Appeal dates some time ahead(in this case since November 2023), and I was shocked to hear that Zahid Hamidi's lawyer say that the Deputy Prime Minister, also the Rural and Regional Development Minister, had a meeting in HIS Ministry. He, as Minister, should have reasonably re-scheduled the said meeting RESPECTING the Court of Appeal dates.
* However, in this case, it seems that the same panel of judges are being maintainedHisyam said his client, who is also the Rural and Regional Development Minister, also has a meeting scheduled for 12pm at his ministry.
No one should show such disrespect to the Courts - they must be ready to proceed on the day the Court fixes to hear the appeal.
If Zahid and the Public Prosecutor wanted an ADJOURNMENT, then rightly they should have informed the Court in advance - and the Judge/s will have not read(possibly again as there have been several adjournments) the entire file and did the needed personal research in preparation of the case. They could have spend more time in maybe the other cases fixed for appeal. Normally, there are many, and the Court of Appeal have sit several days to finish all the cases listed to be heard before a particular Court of Appeal panel.
Now, the Court of Appeal fixed 9/9/2024 to hear the appeal.
The RISK is that the Attorney General/Public Prosecutor may chose to WITHDRAW the appeal - and that will be the end of the appeal. When the High Court decided at the close of prosecution's case, that the prosecution had FAILED to prove a prima facie case, whereby Zahid was acquitted - there was 'public outrage'. Was the prosecution incompetent - for the prosecution will almost NEVER charge anyone unless it is confident that it has SUFFICIENT EVIDENCE to convince the court that the accused is guilty. Anyway, the Public Prosecutor decided to appeal because they believed that the High Court Judge ERRED. Now, the Court of Appeal will consider all the evidence adduced and other relevant facts, and determine whether the High Court Judge erred, and if so, the Court of Appeal will revise the order saying that Prosecution had successfully proved a Prime Facie case, and the case will be send back to the High Court for the trial to be continued, and Zahid's witnesses will take the stand and testify.
The BEST option is to proceed with the Appeal, and let the Court of Appeal decide whether the HIGH Court Judge ERRED or was he correct. The Prosecution must do their very best in their submissions and arguments in court, and not 'intentionally' not do their best. Hence, the Public Prosecutor must not withdraw the Appeal.
The other risk is that there will be FURTHER ADJOURNMENTS...
Sometimes, adjournments may be a form of 'judge choosing' especially at the Court of Appeal and/or the Federal Court, as the panel given the task of hearing appeals change... But, in this case, apparently the same panel of judges is being maintained.
Now, how many times has the Court of Appeal adjourned the hearing? 5 or maybe 6(or 7) times -
Zahid had put in his representations in January last year, resulting in the Court of Appeal granting the prosecution five adjournments to allow the AG to decide on whether to proceed with the appeal. - FMT,29/1/2024
Malaysia is plagued by negative perception that the government of PM Anwar Ibrahim may be interfering with cases affecting UMNO leaders... Not likely, as the Attorney General/Public Prosecutor must act professionally and independently - BUT why did they not object to the application for postponement...?
Parties cannot use 'LETTERS OF REPRESENTATION' as a new method to delay criminal cases and appeals...
How
long for AG/PP Terrirudin to investigate Zahid Hamidi's matters?
Waiting for Judge Collin Sequerah to retire? Charge him using s.254A
CPC, or keep us updated as to how long more we have to wait?
After the PH came into power after GE14 in 2018, people were glad that finally the powerful were being investigated and charged for their crimes, including former Ministers and politicians - but somehow, after PH Anwar Ibrahim came into power, all may be being undone. What happened?
First, PM Anwar included the 'court cluster' into his Cabinet including as Deputy Prime Minister.
A pardon for Najib(former President of UMNO and BN, and a 'discontinuance' of the Zahid's(then Deputy Prime Minister) another criminal case at the Defence stage after the prosecution had successfully surpassed a BIG hurdle in establishing prima facie case for all 47 charges are some examples that have raised concern.
The impact maybe greater - Who will trust Malaysian enforcement of justice? Will politicians and 'friends' be accorded 'special treatment' in Malaysia? Can anyone or any company seek justice in Malaysian courts when their opponent is the government, a government linked person or even entity...??
Does Malaysia have a CLEAN government and administration of justice? Is everyone EQUAL before the law?
This is a case of great public importance, more so since it involves the Deputy Prime Minister > hence, no more adjournments please and let the Court of Appeal proceed with the Appeal.
Court of Appeal judge fumes after being forced to postpone Zahid's VLN appeal to Sept 9
PUTRAJAYA: The Court of Appeal has granted the Attorney-General's Chambers (A-GC) until Sept 9 to decide on Datuk Seri Dr Ahmad Zahid Hamidi's request to review the prosecution's appeal against his acquittal in the foreign visa system (VLN) case.
A three-member appellate bench chaired by Datuk Hadhariah Syed Ismail set the date after the A-GC failed to reach a decision on whether to accept or reject the deputy prime minister's letter of representation today.
Sitting with Hadhariah was Datuk Azman Abdullah and Datuk S.M. Komathy Suppiah.
Earlier, Zahid's lead counsel Datuk Hisyam Teh Poh Teik at the onset of today's proceeding asked for an adjournment pending the decision from the A-GC.
Today was fixed for the court to hear submissions from both parties.
"The first representation was sent in January last year and the second letter was last month.
"I think (it is) most fair to consider very carefully the representation made by the respondent," he said.
Hisyam said his client, who is also the Rural and Regional Development Minister, also has a meeting scheduled for 12pm at his ministry.
Deputy Public Prosecutor Datuk Dusuki Mokhtar did not object to the application.
He said the prosecution requires ample time to review the matter thoroughly and to give due consideration to the two representations forwarded to them.
Hadhariah who appeared displeased with the outcome, said she had spent several days examining the entire case, including reading the appeal and the proceedings notes.
"It is really exhausting to read the proceedings notes because they are very voluminous... It ran into thousands of pages.
"I did not touch any other cases... I am indeed focused on understanding the entire case from A to Z.
"I do not want to say more since the prosecution did not object (to the adjournment)," she said.
In September 2022, Zahid, who is Umno president, was freed by the Shah Alam High Court of all 40 charges of receiving bribes from a company to extend its VLN contract.
Zahid had been accused of 33 counts of receiving bribes amounting to S$13.56 million (RM42 million) from Ultra Kirana Sdn Bhd between 2014 and 2018 as home minister to allow the company to continue their contract for the VLN and a one-stop centre in China.
Zahid was also charged with seven other counts of obtaining S$1.15 million, RM3 million, 15,000 Swiss francs and US$15,000 from the same company.
High Court judge Datuk Yazid Mustafa ruled that the prosecution had failed to establish a prima facie case against the deputy prime minister.
He said witnesses who testified against Zahid were not credible or trustworthy and their testimony could not be relied on.
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. - NST, 18/3/2024
Appeal from Zahid’s VLN acquittal to proceed March 18
Court of Appeal maintains date as fixed last November since the Attorney-General has yet to decide on Ahmad Zahid Hamidi’s representations.
PUTRAJAYA: The Court of Appeal has confirmed that it will hear the prosecution’s appeal against Ahmad Zahid Hamidi’s acquittal in his foreign visa system (VLN) corruption case when it comes up for hearing on March 18.
A three-member bench chaired by Justice Hadhariah Syed Ismail said the hearing date, fixed in November last year, will be maintained.
This comes after the prosecution said the Attorney-General had yet to decide on representations made by the deputy prime minister for the appeal to be withdrawn.
“We will abide by the earlier decision (for the hearing of the appeal to proceed) and will file our submissions,” said deputy public prosecutor Abdul Malik Ayob, who was assisted by Zander Lim.
Sitting with Hadhariah were Justices Azman Abdullah and SM Komathy Suppiah.
Zahid was not in court as his presence was dispensed with.
Lawyers Hisyam Teh Poh Teik, Ahmad Zaidi Ibrahim, Hamidi Noh and Aiman Abdul Rahman appeared for Zahid.
Zahid had put in his representations in January last year, resulting in the Court of Appeal granting the prosecution five adjournments to allow the AG to decide on whether to proceed with the appeal.
On Sept 23, 2022, Justice Yazid Mustafa, then a High Court judge, acquitted Zahid of all 40 charges after ruling that the prosecution had failed to establish a prima facie case against him.
The prosecution filed its appeal against the acquittal on Sept 26.
On Dec 29, the prosecution filed its petition of appeal, citing 15 grounds for challenging the High Court’s decision.
The prosecution claimed that Yazid had misdirected himself by comparing the facts in Zahid’s case to those in Rosmah Mansor’s corruption trial. They said a similar fact scenario alone did not make the case a binding precedent.
The prosecution also said Yazid was wrong in his assessment of the credibility of the prosecution’s three key witnesses – former Ultra Kirana Sdn Bhd (UKSB) directors Harry Lee, Wan Quoris Shah Wan Abdul Ghani and David Tan.
It also said the judge had failed to take into consideration the testimony of a witness that a ledger presented as evidence in court was a “contemporaneous document”.
The prosecution team further contended that Yazid erred when deciding that the source of the money used by UKSB to pay Zahid needed to be explained and proven, saying that the law contained no such stipulation.
Zahid was charged with 33 counts of receiving bribes amounting to S$13.56 million (RM42 million) from UKSB between 2014 and 2018 while he was home minister and deputy prime minister under the previous Barisan Nasional (BN) administration.
He was also charged with seven other counts of obtaining for himself the sums of S$1.15 million, RM3 million, 15,000 Swiss francs and US$15,000 from the same company in connection with his official duties. - FMT, 29/1/2024
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