Lead counsel Hisyam Teh raised this point of law during the hearing at the close of prosecution’s case today, saying that the Malaysian Anti-Corruption Commission (MACC) recorded Zahid’s statement between July 2 and 3, 2018, in which Zahid gave details on the setting up of the foundation, its source of funds and personal particulars of himself and family members.

“We submit that he is immune from prosecution for charges of criminal breach of trust (CBT), corruption and money laundering charges in respect of all information he had disclosed to MACC three years ago,” Hisyam told judge Collin Lawrence Sequerah.

Zahid is standing trial on 47 charges of money laundering and CBT involving funds from Yayasan Akalbudi, and accepting bribes for various projects during his tenure as the home minister.

Zahid’s trial began on Nov 18, 2019 and was heard for 52 days over a period of two years.

Hisyam also told the court that Section 30(7) of MACC Act was applicable in Zahid’s case when the authorities took his statement in July 2018.

The provision, which was repealed on Oct 1, 2018, had stated that anyone who discloses information or produces any document to the authorities will not be incriminated.

“The prosecution cannot say that they have proven the charges against him,” counsel added.

He pointed out that if the information provided by Zahid was deemed “false” by MACC, the authorities should charge Zahid with making a false statement to mislead them.

“One of the investigating officers (Fairul Rafiq Hamirudin) affirmed that my client was not charged under Section 27 for providing false information,” he said.

Hisyam also told the court that then attorney-general Tommy Thomas acted “unfairly” in pressing the 47 charges against Zahid.

“This is a case of over-prosecution and the law does not allow that,” he said, adding that several witnesses had “compromised” the prosecution’s case by telling the court that there were no elements of corruption.

The defence will continue its submission tomorrow.