Zahid’s lawyers have written at least four times to the AG seeking a review of the charges but have been unsuccessful.
Ahmad Zahid Hamidi may still make another representation for the attorney-general (AG) to review his Yayasan Akalbudi corruption charges despite the trial having begun three years ago, a lawyer said.
Salim Bashir said there is no law to bar an accused person from repeatedly writing to the AG, who is also the public prosecutor, to withdraw, suspend or reduce the charges brought against him.
“There have been many instances in the past when the AG has accepted representations although the trial was already at an advanced stage,” he told FMT.
Salim said this when asked if Zahid could still make a representation or an “administrative appeal” after having been ordered by trial judge Collin Lawrence Sequerah to enter his defence.
FMT understands that Zahid’s lawyers have written at least four times to the AG seeking a review of the charges but have been unsuccessful.
Salim said apart from the Federal Constitution, the Criminal Procedure Code also gives the AG control and direction of all criminal prosecutions and proceedings.
“The AG can accept a representation to withdraw charges. However, (he must act) judiciously and must be prepared to give reasons,” Salim added.
Lawyer KA Ramu said another option available to the Umno president was to put up a credible defence and get an acquittal at the close of the defence’s case.
“He just has to create a doubt in the prosecution’s case to be freed. Even at the end of the defence’s case, the prosecution must prove its case beyond reasonable doubt,” Ramu added.
Zahid was made a deputy prime minister last week.
Prime Minister Anwar Ibrahim has defended the appointment on the grounds that Zahid remains innocent until proven guilty.
Zahid faces 47 corruption charges in relation to the foundation he leads. Twelve are for criminal breach of trust, eight are for graft, and 27 for money laundering.
To date six witnesses, including Zahid himself, have testified in the case.
The case is scheduled to resume on Jan 16.
On Sept 25, the High Court in Shah Alam acquitted Zahid of 40 charges of receiving bribes from a company to extend its foreign visa system (VLN) contract.
Zahid, 69, had been accused of 33 counts of receiving bribes amounting to S$13.56 million (RM42 million) from Ultra Kirana Sdn Bhd (UKSB) as the then home minister to extend the firm’s contract as the operator of a one-stop centre in China and the VLN system as well as to maintain a contract for the supply of the VLN integrated system.
He was also charged with seven other counts of obtaining for himself S$1.15 million, RM3 million, 15,000 Swiss francs and US$15,000 from the same company in connection with his official duties.
The prosecution has filed an appeal that he should be asked to enter his defence. – FMT