Zahid’s lead counsel, Hisyam Teh Poh Teik, said money changer Omar Ali Abdullah did not commit any banking offences in converting cash amounting to RM5 million into a few cheques before handing them over to the account of law firm Messrs Lewis & Co.
Hisyam contended that the evidence by Omar, the 81st prosecution witness, that the money came from Yayasan Al Bukhary was never investigated by the Malaysian Anti-Corruption Commission.
“It’s quite clear that Omar did not commit any banking offences under the banking laws. In the course of submissions, the prosecution has made a number of misconceptions.
“There is no direct evidence on where the money came from. Misconception must apply as there had been no investigation,” he said in his submission-in-reply at the end of the prosecution’s case against Zahid, who is facing 47 charges of criminal breach of trust (CBT), corruption and money laundering involving Yayasan Akalbudi funds.
Hisyam also said the prosecution’s action, which was based on the provisions of Section 4 (3) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, and its conclusion that there were illegal and wrongful activities in law, also had no basis.
Under the 27th money-laundering charge, Zahid, who is the Umno president, is alleged to have ordered the money changer to convert RM7,511,250.20 in cash into 35 cheques to be deposited as fixed deposits for Yayasan Akalbudi in Maybank.
Hisyam said the prosecution also agreed on the contribution by MyEG Services Sdn Bhd non-executive director Mohd Jimmy Wong Abdullah, who was the 78th prosecution witness, to the foundation.
Wong, in his testimony, said he donated more than RM9 million to Yayasan Akalbudi on his own volition for welfare and religious purposes and it had nothing to do with his company, MyEG Services.
In this regard, Hisyam said, since the prosecution failed to show that the money laundering process took place as an element in the charge, there was no case against Zahid.
Twelve of Zahid’s 47 charges are for CBT, eight for corruption and 27 for money laundering, involving tens of millions of ringgit belonging to Yayasan Akalbudi.
The hearing before Judge Collin Lawrence Sequerah continues on Dec 6.