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THE High Court here is expected on Tuesday to determine whether Deputy Prime Minister Ahmad Zahid Hamidi will be granted a full discharge amounting to an acquittal (DNA) or remain discharged not amounting to an acquittal (DNAA) in relation to 47 charges linked to Yayasan Akalbudi funds.
Court records show that the hearing of the application is scheduled for 9am before High Court judge Nurulhuda Nur’aini Mohamad Nor.
Proceedings will begin with submissions from defence counsel Datuk Hisyam Teh Poh Teik, representing the 73-year-old UMNO president, outlining the factors the court should consider in granting a DNA order.
Previously, the defence argued that the decision by the Attorney General's Chambers of Malaysia to classify the case as requiring no further action (NFA) justified a full acquittal.
Counsel further contended that it would be unjust for the charges to remain indefinitely unresolved after the High Court granted a DNAA on 4 September 2023.
Following the defence’s submissions, the prosecution, as respondent, is expected to present its arguments.
Should the prosecution object to the application, the court will weigh its position before deciding whether to dismiss the bid for a DNA. If, however, the prosecution adopts a different stance, the prospect of a full acquittal may improve for the Barisan Nasional chairman.
At a previous proceeding, the judge directed the respondent to file an affidavit in reply by 13 February and fixed 24 February for the hearing of arguments.
The court may also choose to reserve judgment to a later date.
On 4 September 2023, Judge Datuk Collin Lawrence Sequerah, now a Federal Court judge, granted Ahmad Zahid a DNAA in the Yayasan Akalbudi case.
Subsequently, on 8 January, the Attorney General’s Chambers said further detailed investigations had been carried out by the Malaysian Anti-Corruption Commission, including into the source and acquisition of the funds and issues raised in six representations submitted after the defence was called.
The department stated that, after reviewing the entirety of the evidence, new material and the results of further investigations, it found the available evidence insufficient to support continuing the prosecution on all charges.
Ahmad Zahid, who is also Rural and Regional Development Minister and Member of Parliament for Bagan Datuk, faces 47 charges: 12 counts of criminal breach of trust, eight of corruption and 27 of money laundering, allegedly involving tens of millions of ringgit belonging to Yayasan Akalbudi.
The 12 criminal breach of trust charges allege that he used foundation funds to settle personal credit card bills, vehicle insurance policies and road tax, remit payments to a law firm and make contributions to the Royal Malaysia Police football association.
The offences were allegedly committed at Affin Bank Berhad’s Jalan Bunus branch off Jalan Masjid India between 13 January 2014 and 23 December 2016. The charges are framed under Section 409 of the Penal Code, which carries a sentence of between two and 20 years’ imprisonment, whipping and a fine upon conviction.
The eight corruption charges allege that he received bribes from Mastoro Kenny IT Consultant & Services, Data Sonic Group Berhad and Profound Radiance Sdn Bhd as an inducement, in his then capacity as Home Minister, to assist the companies in securing MyEG-related projects, supplying passport chips and providing one-stop centre services in Pakistan and Nepal.
These offences were allegedly committed at Maybank’s Dataran Maybank branch in Jalan Maarof, Bangsar between 15 July 2016 and 15 March 2018.
The charges fall under Section 16(a)(B) of the Malaysian Anti-Corruption Commission Act 2009, punishable under Section 24(1) of the same Act, which provides for up to 20 years’ imprisonment and a fine of not less than five times the amount of the bribe or RM10,000, whichever is higher.
The 27 money laundering charges allege direct involvement in transactions involving proceeds of unlawful activities between 29 March 2016 and 11 April 2018 at the same bank in Jalan Maarof and at Marhaba Enterprise Sdn Bhd in Fahrenheit88, Jalan Bukit Bintang.
The prosecution is brought under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a penalty of up to 15 years’ imprisonment and a fine of not less than five times the value of the illicit proceeds or RM5 million, whichever is higher, upon conviction. - February 24, 2026