Putrajaya Faces Backlash Over Zahid Hamidi's Discharge, but Lawyers Warn He's Not Out of the Woods Yet The recent decision to discharge Datuk Seri Ahmad Zahid Hamidi from 47 money laundering charges has sparked criticism towards Putrajaya.
However, legal experts emphasize that Zahid's sigh of relief may be premature, as a discharge not amounting to an acquittal (DNAA) doesn't entirely absolve him from potential future prosecution. Former Malaysian Bar president Salim Bashir explains that under Section 254A of the Criminal Procedure Code, charges can be reinstated against an accused individual when the prosecution is ready.
This means that the trial can resume without having to recall witnesses or start from scratch. However, it's worth noting that a DNAA is not always granted when the prosecution chooses not to proceed further with a case. Salim highlights that granting an acquittal, rather than a DNAA, may be necessary in cases where a continuous threat of prosecution would infringe upon an individual's constitutional guarantees.
This ensures that an accused person is not constantly subjected to the fear of being charged again in the future. Contrary to popular belief that a DNAA indicates political interference, administrative and constitutional lawyer Kuhan Manokaran asserts that there can be various reasons for prosecutors to seek a DNAA in a criminal trial. For example, there may be temporary issues that the prosecution needs time to address and remedy.
If these hurdles can be overcome within a reasonable timeframe, the prosecution can choose to either proceed with the charges or acquit the accused. Kuhan also raises concerns regarding cases where an accused is discharged after a prima facie case has been proven. This scenario suggests potential shortcomings in the investigations conducted, as a prima facie situation indicates that the prosecution has already established sufficient evidence to convict the accused if they remain silent throughout the trial.
Lawyer Mahajoth Singh emphasizes that the prosecution should provide solid and legitimate grounds when seeking a DNAA, rather than relying on vague reasons or the need for further instructions from superiors. It's crucial to ensure that all accused individuals, regardless of their status, are treated equally before the law. Additionally, Mahajoth suggests that prosecutors requesting a DNAA should provide a clear time frame for their next course of action.
Requiring the accused to constantly inquire about updates after a DNAA places an unnecessary burden on them, especially when the prosecution initiates the request themselves. In the case of Zahid Hamidi, he was granted a DNAA for all 47 charges of corruption, criminal breach of trust, and money laundering related to his foundation, Yayasan Akalbudi. The decision was made by High Court Judge Datuk Collin Lawrence Sequerah after considering 11 reasons presented by Deputy Public Prosecutor Datuk Mohd Dusuki Mokhtar to halt the proceedings.
Zahid had previously submitted letters of representation to the Attorney-General's Chambers (AGC) requesting the charges be dropped. The AGC's decision to discharge Zahid drew widespread criticism, with the Malaysian Bar claiming that the AGC had damaged its own reputation and credibility by applying for the discharge at such a late stage, after a prima facie case had already been established.
Furthermore, Muda president and Muar MP Syed Saddiq Syed Abdul Rahman switched to the opposition, citing the AG's failure to provide sufficient reasons for Zahid's discharge. While Zahid's discharge appears to have sparked controversy, it's important to remember that the DNAA does not guarantee his complete exoneration. The possibility of future legal proceedings remains, and the public will be watching closely as the case unfolds.
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