The following is the opening statement by deputy public prosecutor Datuk Raja Rozela Raja Toran in former Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi’s trial over 47 charges of criminal breach of trust, money-laundering and bribery involving millions of ringgit from Yayasan Akalbudi.
May it please the court,
The prosecution’s case against the accused involves two predicate offences:
a) criminal breach of trust under Section 409 Penal Code [Charges 1 – 10, 19 and 20], and
b) of receiving gratification under Section 16(1)(a)(B) Malaysia Anti-Corruption Commission (MACC) Act 2009
Aside from the predicate offences, Your Lordship will also be hearing evidence relating to 27 counts of money-laundering, an offence under Section 4(1)(a) Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 Act 2001.
The prosecution will open its case with the criminal breach of trust (CBT) charges, to prove that the accused has misappropriated approximately RM31 million worht of funds belonging to Yayasan Akalbudi, a duly incorporated charitable organisation which was established to help the poor and needy.
The prosecution will prove that these monies were entrusted on the accused in his capacity as a member of the Yayasan’s board of trustees.
Money-trail to be presented in court will reveal that not a single cent out of the RM31 million was used for the benefit of the poor. Instead, the money-trail will show that a substantial amount had been used, among others, to pay for personal credit card bills, and to make purchases for motor-vehicle insurance policies and road taxes for private-owend vehicles.
At least 20 witnesses will be called to prove the CBT charges, supported by documentary evidence. The prosecution will also be relying on the presumption under Section 409B Penal Code.
Next, the prosecution proposes to lead evidence relating to the corruption charges.
Between 2016 and 2018, the accused was an officer of a public body, holding the post of a Minister at the Ministry of Home Affairs.
During his tenure, the accused had allegedly received RM17 million as a reward for the award of three distinct contracts to several companies. These contracts were entered into with the Ministry of Home Affairs at the material date. The prosecution will lead evidence that the accused was instrumental in the award of the three contracts.
On or about the same time, the accused was cashing in on his position as a minister, when he allegedly received a further RM4.25 million from a person.
The payments were corruptly received as an inducement for the accused to help secure MyEG projects under the purview of the Ministry of Home Affairs.
The prosecution will be calling around 15 witnesses, and will be relying on the statutory presumption under Section 50(1) MACC Act.
The money-laundering charges will be proven by showing that the accused had received approximately RM65 million worth of cheques from individuals known and unknown to him.
The evidence that follows will show that these cheques were delivered or caused to be delivered to a lawyer, a Mr Muralidharan of Messrs Lewis & Co, who in turn would deposit the cheques into the firm’s Clients Account.
A substantial portion of the monies were subsequently used to make placements for fixed deposit under the firm’s name.
Two bungalow units worth RM5.9 million were also purchased with the monies received.
Every dealing was within the accused’s knowledge. Witness testimonies and documentary evidence will be adduced to show proof that the accused knows or has reason to believe that the millions of ringgit he had received were proceeds from unlawful activity.
In proving each charge, the prosecution will be relying on direct, circumstantial and documentary evidences. Based on the evidence to be presented, we will ask the court to find for the prosecution, a prima facie case, proven beyond reasonable doubt.