The Sun (Malaysia)
Zahid granted discharge not amounting to acquittal
KUALA LUMPUR: Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi was granted a discharge not amounting to an acquittal (DNAA) by the High Court yesterday on all 47 charges involving criminal breach of trust, corruption and money laundering linked to Yayasan Akalbudi funds.
Justice Datuk Collin Lawrence Sequerah made the ruling after allowing an application by DPP Datuk Mohd Dusuki Mokhtar, as the prosecution decided to suspend the case to conduct a more extensive investigation.
“This court makes an order of a discharge not amounting to an acquittal. Before I adjourn, I wish to place on record that the powers of the attorneygeneral under Article 145 (3) of the Federal Constitution and Section 254 of the Criminal Procedure Code (CPC) to institute and withdraw charges at any time before judgment is passed is unquestioned.
“Should the prosecution decide in future that it will not proceed any further with the charges, then much precious judicial time would have been wasted and a great amount of taxpayers money will also have been wasted. With that, this court stands adjourned,” the judge said.
Ahmad Zahid had earlier sent a 200-page letter of representation to the Attorney-General’s Chambers as a basis for the charges to be dropped. The first letter of representation was submitted in January and the latest, with new evidence, was sent in February.
Sequerah said the prosecution, exercising its powers under Article 145 (3) of the Constitution and Section 254 of the CPC, decided to withdraw the 47 charges against the accused, Bernama reported.
“The prosecution, in asking for the DNAA, offered several reasons not limited to the need to further investigate the charges proferred, and that a Royal Commission of Inquiry will be instituted in respect of the contents of the former attorney-general’s (Tan Sri Tommy Thomas) book.
“The defence objected to the DNAA and instead asked the court for an order of a discharge amounting to an acquittal,” he added.