Zahid getting a fair trial, insists prosecution

Zahid getting a fair trial, insists prosecution

The former deputy prime minister had complained about being a victim of ‘selective prosecution’.

Ahmad Zahid Hamidi is not only being defended by competent lawyers, but is being accorded all his rights, the prosecution contends. (Bernama pic)
SHAH ALAM:
The prosecution in Ahmad Zahid Hamidi’s corruption trial has insisted that the former deputy prime minister is getting a fair trial.

This comes after Zahid’s defence, led by lawyer Hisyam Teh Poh Teik, claimed last week in a submission that the Umno president was not getting a fair trial.

At the High Court here today, deputy public prosecutor Xander Lim pointed out that Zahid was not only represented by able and competent lawyers but was given the right to cross-examine all prosecution witnesses.

Lim also said that Zahid is being given enough time to file his written submission and could also submit his defence orally once the prosecution has closed its case.

The case, he said, was also being heard before a judge who is independent and impartial.

“We submit that there is no infraction of the accused’s right to a fair trial under Article 5 of the Federal Constitution,” he said in a submission in response to the one Hisyam filed last week.

Last week, Hisyam claimed Zahid was being subjected to selective prosecution.

He had said that the public prosecutor, who is also the attorney-general (AG), had acted unfairly and violated Zahid’s right to a fair trial and equal protection of citizens under the law.

The defence had also taken the position that Zahid was discriminated against as compared with other politicians who were not charged despite also receiving money from Ultra Kirana Sdn Bhd (UKSB).

In response, Lim said Zahid is being treated just like any other accused in a criminal trial.

“The Penal Code, the Criminal Procedure Code and the Evidence Act (are) applied equally on all accused,” he said.

He said the defence of selective prosecution is not applicable, citing Anwar Ibrahim’s sexual misconduct case in 1998.

He said the High Court had no jurisdiction to entertain such a defence in a criminal trial.

“Any challenge on selective prosecution can only be filed by way of a judicial review before the trial starts.”

He said if selective prosecution could be used as a defence, it would open the floodgates of litigation, where all accused would claim their constitutional rights have been violated.

“The discretion to charge (a person) or otherwise is based on facts and evidence. If the court decided otherwise, it would amount to denigrating and undermining the administration of the criminal justice system,” he added.

Zahid, the Bagan Datuk MP, is facing 33 charges of receiving bribes amounting to S$13.56 million (RM42 million) from UKSB as the then home minister to extend the firm’s contract as the operator of the one-stop centre in China and the foreign visa (VLN) system as well as to maintain the contract agreement for the supply of the VLN integrated system.

He is also accused of another seven 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.

He is charged with committing all the offences at Seri Satria in Precinct 16, Putrajaya, and at Country Heights, Kajang, between October 2014 and March 2018.

The hearing before judge Yazid Mustafa continues tomorrow.

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.