Sad and disappointed that the government, i.e. the new Attorney General/Public Prosecutor decided suddenly to DROP the Appeal to the Court of Appeal
I do not think that the previous AG/PP, being Territudin would have dropped the Appeal - and maybe that was why he was 'prematurely replaced'
We now LOSE the Opportunity to know whether the High Court judge whose decision eventually led to the ACQUITAL Zahid Hamidi, was RIGHT or WRONG. This was what the Court of Appeal, if it heard the appeal would have decided.
If the Court of Appeal decided that the High Court made the correct decision - Zahid will remain Acquitted. However, if the Court of Appeal decided that the HIGH COURT had ERRED, then Court of Appeal would have overturned the decision, and ordered Zahid Hamidi to enter his defence...the trial would continue at the High Court.
If the Appeal proceeded, there was a RISK - the outcome may not be what Zahid or maybe PM Anwar Ibrahim would have hoped for....
THUS, safe course would be that the Court of Appeal is prevented from hearing and deciding > and that will happen if the government(or the AG/PP) withdraw the Appeal..
And, that is what happened...
The prosecution informed the Court of Appeal this morning that they are withdrawing their appeal.
Two years ago, the Shah Alam High Court granted a discharge amounting to an acquittal to Zahid after finding that prosecutors had failed to prove a prima facie case (answerable case)...
On Sept 23 2022, the High Court acquitted Zahid over 40 graft charges linked to VLN.
He claimed trial to 33 counts of receiving bribes amounting to S$13.56 million (RM43.6 million) from Ultra Kirana Sdn Bhd for himself as then home minister to extend the company’s contract as the operator of a one-stop centre service in China and the VLN system, as well as to maintain its contract with the Home Ministry to supply the integrated system.
According to the charges, Zahid was accused of committing the offences at Seri Satria, Precinct 16, Putrajaya and Country Heights, Kajang, between October 2014 and March 2018.
For the remaining seven charges, he was purported to have obtained for himself cash of SG$1,150,000, RM3 million, 15,000 Swiss francs (RM70,000), and US$15,000 (RM68,000) from the same firm, in which prosecutors claimed he knew was related with his official functions.
Zahid was purported to have committed the offences at a house in Country Heights, Kajang, between June 2015 and October 2017.
He also pleaded not guilty to 33 alternative counts under Section 165 of the Penal Code, where he was charged in his capacity as then home minister with receiving bribes of S$13.56 million linked to the VLN system, between 2014 and 2017.
Now, when the Prosecution CHARGED Zahid, they would have done so verily believing that there was sufficient evidence to prove beyond reasonable doubt that Zahid was GUILTY ...
But, then the High Court Judge decided otherwise..
Then, the Prosecution APPEALED to the Court of Appeal - with a belief that the High Court Judge ERRED(made a mistake)...a correct move, giving the Court of Appeal the opportunity whether the High Court Judge made a mistake or not..
And, now suddenly, after a NEW Attorney General/Public Prosecutor is appointed - they withdraw the Appeal.
AND the Court of Appeal is DENIED the ability to decide whether the HIgh Court Judge made a correct decision or NOT.
It is TRUE that Anwar Ibrahim would never have become Prime Minister after GE15 when Pakatan Harapan only managed to win 81 seats in Parliament, and since PN REFUSED to form a coalition government with PH, PH had to join hands with BN-UMNO, whose leader was Zahid Hamidi to form government...
If the BN withdraws support, Anwar Ibrahim will no longer be PH..
BUT, is it RIGHT to 'interfere' in the already existing cases of UMNO leaders? In the Najib's Pardon..
If any former Minister committed crimes of corruption, abuse of power, etc - they must be charged and tried in court - and the Court decides on Guilt and Innocence..
Zahid Hamidi, now Deputy Prime Minister, benefited a lot by the actions of the Attorney General/Public Prosecutor..
1) When during the Defence Stage, the AG/PP decided to discontinue the criminal case - DNAA for 47 charges that prosecution had already succeeded to prove PRIMA FACIE case...
AND NOW,
(2) the withdrawal of the Appeal in the VLN case ( 33 counts of receiving bribes amounting to S$13.56 million (RM43.6 million) from Ultra Kirana Sdn Bhd for himself...seven charges, he was purported to have obtained for himself cash of SG$1,150,000, RM3 million, 15,000 Swiss francs (RM70,000), and US$15,000 (RM68,000) from the same firm)...
If PH had won sufficient seats in GE15 to form government, or if PN formed the government after GE15 > it is more than likely, Zahid maybe in prison serving a sentence now or soon.
What is happening in Malaysia under Prime Minister Anwar Ibrahim is in my opinion BAD - 'friends' of government of the day seem to enjoy a preferential treatment in the administration of criminal justice ...
Since, the decision to discontinue criminal prosecution and APPEALS are in the hands of the Attorney General/Public Prosecutor only - PM Anwar and the government are FREE of Blame..blame only lies with the AG/PP.
But, is that how the Malaysian people perceive it?
However, the appointment of the Attorney General/PP is in the hands of the Prime Minister, and the King only appoints who the PM advises him. The King has no power to appoint some other person to be Attorney General/Public Prosecutor.
Is is time to accord the RIGHT of Malaysians to be able to take DECISIONS of the AG/PP for Judicial Review at the Courts?
For a long time, many Malaysians believed that certain people were above the law - but that changed when Pakatan Harapan came into power after GE14 in 2018 > but now, under PM Anwar Ibrahim of PH, there seems to be a U-TURN...
What is happening sadly is affecting also public perception of PROSECUTION...
The High Court today acquitted Datuk Seri Ahmad Zahid Hamidi of taking bribes from Ultra Kirana Sdn Bhd (UKSB), the company awarded a government contract for a foreign visa system (VLN).... Judge Datuk Mohd Yazid Mustafa said the prosecution failed to successfully prove a prima facie case against Ahmad Zahid, who is also Bagan Datuk MP, on all 40 bribery charges. - Malay Mail, 23/9/2022
Bioalpha Holdings Berhad announced that it had appointed former High Court judge Dato’ Haji Mohd Yazid bin Haji Mustafa as its new Independent Non-Executive Chairman, effective 4 September 2023. This appointment follows the retirement of Tan Sri Dato’ Dr. Syed Jalaludin bin Syed Salim as Chairman of Bioalpha on 7 June 2023. Business Today, 4/9/2023
Really, there must be 'cooling off period' - judges should not be appointed to such positions, until after 3 years after their retirement.
See some related posts:-
Ahmad Terrirudin,56 years old, could not be retiring yet? So, why the AG/PP removed so soon after 13 months? Did the JAC recommend Terrirudin to be appointed Federal Court Judge?
Zahid Hamidi’s Acquittal by High Court Must be Appealed to the Court of Appeal, and Prosecution Failures Must be Investigated - Reforms Needed to Ensure Independence of Deputy Public Prosecutors
Judicial Review Filed by the Malaysian Bar over the Attorney General’s Decision in Deputy Prime Minister Zahid Hamidi's case?
Was PM's comments about Zahid Hamidi's case inappropriate? A personal opinion OK - but as PM?
If DPP Raja Rozela Raja Toran continues to prosecute, Zahid Hamidi will likely be convicted and sentenced? Come back and prosecute to the end..
When AG who discontinued Zahid's case gets appointed Chairman of a GLC - A question of public perception?
What happened to Zahid's DNAA Parliamentary Committee? Separation of AG from Public Prosecutor important but the DNAA?
Zahid Hamidi's can always be charged again, the trial reinstated and continued - section 254A CPC? Explaining and concerns?
Zahid Hamidi’s Acquittal by High Court Must be Appealed to the Court of Appeal, and Prosecution Failures Must be Investigated - Reforms Needed to Ensure Independence of Deputy Public Prosecutors
The prosecution informed the Court of Appeal this morning that they are withdrawing their appeal.
Two years ago, the Shah Alam High Court granted a discharge amounting to an acquittal to Zahid after finding that prosecutors had failed to prove a prima facie case (answerable case).
Meanwhile, Zahid said “Alhamdulillah” (praise be to God) in a post uploaded to Facebook.
During proceedings before a three-person appellate bench chaired by judge Che Mohd Ruzima Ghazali, the prosecution team told the court they decided to withdraw the appeal after considering Zahid’s representations.
‘Strong basis to leave acquittal be’
The prosecuting team said they found that there is a basis under the law and strong facts to leave undisturbed the trial court ruling of acquittal.
They said there was no evidence in the case to show Zahid had ever used his position to award the related contracts.
They noted the contracts were awarded before the respondent even held the position of home minister, thus showing he did not abuse power.
“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,” deputy public prosecutor Yusaini Amer Abdul Karim said.
The bench, also comprised of judges Azman Abdullah and Azmi Ariffin, then struck out the prosecution’s appeal.
40 charges
On Sept 23 2022, the High Court acquitted Zahid over 40 graft charges linked to VLN.
He claimed trial to 33 counts of receiving bribes amounting to S$13.56 million (RM43.6 million) from Ultra Kirana Sdn Bhd for himself as then home minister to extend the company’s contract as the operator of a one-stop centre service in China and the VLN system, as well as to maintain its contract with the Home Ministry to supply the integrated system.
According to the charges, Zahid was accused of committing the offences at Seri Satria, Precinct 16, Putrajaya and Country Heights, Kajang, between October 2014 and March 2018.
For the remaining seven charges, he was purported to have obtained for himself cash of SG$1,150,000, RM3 million, 15,000 Swiss francs (RM70,000), and US$15,000 (RM68,000) from the same firm, in which prosecutors claimed he knew was related with his official functions.
Zahid was purported to have committed the offences at a house in Country Heights, Kajang, between June 2015 and October 2017.
He also pleaded not guilty to 33 alternative counts under Section 165 of the Penal Code, where he was charged in his capacity as then home minister with receiving bribes of S$13.56 million linked to the VLN system, between 2014 and 2017.
In September last year, prosecutors applied to drop the 47 Yayasan Akalbudi graft charges against Zahid, leading to the Kuala Lumpur High Court granting a discharge not amounting to an acquittal.
Deputy public prosecutor Yusaini Amer Abdul Karim led the prosecution team today.
Lawyer Hisyam Teh Poh Teik headed Zahid’s defence team. - Malaysiakini, 12/12/2024
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