KUALA LUMPUR: The defence in the corruption trial of Datuk Seri Dr Ahmad Zahid Hamidi (pix) related to the Akalbudi Foundation (YAB) today contended that the former deputy prime minister will be deprived of a fair trial if the court accepts the prosecution’s argument and stops a defence witness from testifying.
Ahmad Zahid’s counsel Datuk Hisyam Teh Poh Teik said this would lead to a breach of his client’s right to a fair trial which is guaranteed under Article 5 of the Federal Constitution.
He submitted that the statement by the 90th prosecution witness, Ahmad Zahid’s former executive secretary, Major Mazlina Mazlan @ Ramly has been challenged by the defence and her position conceded by the prosecution.
“(The) witness statement by Major General (R) Datuk Fadzlette Othman Merican Idris Merican, the second defence witness, should be allowed as long as it had nexus to facts and issues relevant to the charges,” he said before High Court Judge Datuk Collin Lawrence Sequerah.
Hisyam said Fadzlette wants to describe how she came to know Major Mazlina Mazlan and described her working behaviour.
“She wants to give the example of how Mazlina tends to work in silo, which is relevant to the case. The witness also wants to show that Mazlina is biased against the accused,” he said adding that Major Mazlina failed to follow orders and was an untrustworthy person.
Meanwhile, lead prosecutor Datuk Raja Rozela Raja Toran submitted that the defence cannot use the provision under Section 153 (2) of the Evidence Act 1950 because it must show that Major Mazlina is biased against Ahmad Zahid.
She said the evidence that Major Mazlina did not obey the instructions and made her own decisions was not included in the provision because it did not show that the prosecution witness had bad motives for Ahmad Zahid.
“How can this evidence, if accepted by the court, show that Mazlina did not receive instructions when she only dealt with Ahmad Zahid and not Fadzlette? While in this case, the second witness (Fadzlette) was only concerned about the issue of Mazlina disrespecting him,“ he said.
Judge Sequerah then fixed tomorrow to deliver his ruling on Fadzlette.
Yesterday, the prosecution objected to a part of the witness statement by Fadzlette contending that it is irrelevant and inadmissible.
Fadzlette was scheduled to testify at the trial yesterday. She was press secretary to Ahmad Zahid when he was deputy prime minister, and she is now the media director for the UMNO president.
On Aug 30, Ahmad Zahid completed giving evidence to defend himself after 17 days on the witness stand.
Ahmad Zahid, 69, is facing 47 charges, namely 12 charges of criminal breach of trust, eight charges of corruption and 27 charges of money laundering involving tens of millions of ringgit belonging to YAB. - Bernama
