Trial judge Collin Lawrence Sequerah said he was also bound to refuse the application due to rulings on the matter made by the Federal Court.
“Public policy and public interest considerations as expressed in the Securities Commission case are the paramount considerations in determining this application,” he said.
Zahid is accused of 47 counts of money laundering and criminal breach of trust (CBT) involving millions of ringgit from Yayasan Akalbudi and accepting bribes for various projects during his tenure as home minister.
Twelve of the charges are for CBT, eight for corruption and the remaining 27 for money laundering.
On Jan 24, Sequerah ordered him to enter his defence as he said the prosecution had established a prima facie case.
Zahid, who is Umno president, will resume giving evidence on May 23.
The judge in his oral judgment said MACC investigating officer Khairudin Kilau had expressed his concern why the statements from 18 prosecution witnesses who were offered to the defence should not be given.
Sequerah said Khairudin had noted the information disclosed by the witnesses were privileged because they were made in the course of official communication and in confidence with the MACC.
He added that the investigating officer, in an affidavit, was also of the view that any disclosure will prejudice and compromise public interest because the witness statements were made in the belief and expectation that it will remain confidential.
“Khairudin said this could result in future witnesses being hesitant to give statements and this will in turn hamper future investigations,” the judge said, adding that the investigating officer’s concern came within the ambit of Section 124 of the Evidence Act.
Sequerah said, in his view, public policy and public interest elements extended to the defence stage of a criminal trial.
“They (witnesses) can be subject to intimidation and for example coerced to depart from what is in the statement.
“Revenge may be taken for what is disclosed in the statements and this is not unfounded,” he added.
Sequerah said there would be obstruction in the administration of justice should potential witnesses be reluctant to come forward and give statements and the confidentiality of evidence is not assured.
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