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KUALA LUMPUR – On Monday, all eyes will be on Umno president Datuk Seri Ahmad Zahid Hamidi as the high court here will determine his fate regarding the Yayasan Akalbudi trial.
Judge Collin Lawrence Sequerah set January 24 as the date to determine if the Bagan Datoh MP would have to enter his defence.
Simply put, the court will determine if the prosecution has established a prima facie case which Zahid has to answer.
If the court answers in the negative, Zahid could walk free. If not, the trial continues.
Last month, the prosecution concluded its case against Zahid.
Not a single cent used to benefit the poor, only for personal gain: prosecution
In 2018, after Pakatan Harapan took over Putrajaya, Zahid was summoned by the Malaysian Anti-Corruption Commission (MACC) over investigations into the alleged misappropriation of the charity’s funds.
It was only on February 20, 2019 that the prosecution slapped Zahid with 47 corruption-related charges, which saw a “not guilty” plea by the Umno lawmaker at the Kuala Lumpur Sessions Court before the case was transmitted to the high court.
Deputy public prosecutor (DPP) Datuk Raja Rozela Raja Toran was quoted as saying in her opening statement before the high court: “Not a single cent out of the RM31 million was used for the benefit of the poor.”
Instead, the money trail will show that a substantial amount had been used, among others, to pay for personal credit card bills, and to make purchases for motor-vehicle insurance policies and road taxes for private-owned vehicles,” she submitted on December 9, 2019.
The high court was told that road tax and insurance for 20 vehicles reportedly belonging to Zahid was paid using Yayasan Akalbudi funds worth RM107,509.55.
An official from Allianz General Insurance testified that the payment was made using three cheques received from Major Mazlina Mazlan, Zahid’s assistant at the time.
Meanwhile, a year later on July 27, 2020, prosecutors submitted that RM6.6 million was paid into Yayasan Akalbudi by a director of MTM Network Sdn Bhd named Ng Hong Sing.
According to Sing during his witness testimony, payments of RM600,000 were made annually for the purpose of making friends with Zahid and securing contracts.
Then on October 13, 2021, the high court was told that Zahid and his wife Datin Seri Hamidah Kamis used RM1.3 million from Yayasan Akalbudi to pay off credit card dues.
DPP Rozela said that the credit card was used in various high-end shopping malls across the globe.
Later, in October 2021, Rozela submitted that Zahidi was the “boss” and had full control over Yayasan Akalbudi.
This was due to the fact that he appointed individuals from the Umno Bagan Datoh division – Muhammad Nabil Saleh and Datuk Khairuddin Tarmizi – to become members of Yayasan Akalbudi’s board of trustees.
Prosecution failed to demonstrate evidence of unlawful activity: defence
Technically, the defence’s case will proceed only if the high court decides that the prosecution has a prima facie case.
Meanwhile, during the prosecution’s case, the defence will attempt to rebut assertions made by the prosecutors.
Initially, after being questioned by MACC on July 3, 2018, Zahid told the press that an employee had mistakenly used Yayasan Akalbudi’s monies to pay for his personal matters.
Adding further, Zahid asserts that he reimbursed the foundation in 2016.
Later in court, with regards to the payments made for road tax and insurance, defence lawyer Hamidi Mohd Noh submitted that cheques used to make the payments were already pre-signed.
In fact, the witness from Allianz General Insurance said he was aware that Mazlina had asked Zahid to sign cheques first before filling in additional details later.
As for the RM6.6 million allegedly paid by Sing to Yayasan Akalbudi in return for Zahid’s friendship and contracts, the witness later doubled down when questioned by the defence.
He testified that Zahid did not promise any contracts in return for the donation.
Instead, Sing reportedly said that an individual named Datuk Ruzi was the one who claimed he could arrange a meeting with Zahid and secure contracts in the future.
On November 30, last year, senior defence counsel Hisyam Teh Poh Teik argued that the prosecution has failed to establish the most important ingredient in money-laundering cases: identifying unlawful activity.
He said the prosecution’s case has not demonstrated any evidence of unlawful activity on Zahid’s part, and that his client should be acquitted from all money laundering charges.
The Umno president faces 47 charges over the misappropriation of Yayasan Akalbudi funds, comprising 27 counts of money laundering, 12 on criminal breach of trust, and eight for corruption.
Yayasan Akalbudi was established in 1997 to help eradicate poverty and promote Islamic education, two years after Zahid was elected as Bagan Datoh MP. – The Vibes, January 22, 2022