KUALA LUMPUR (Oct 31): The High Court on Monday (Oct 31) wanted the prosecution in Datuk Seri Dr Ahmad Zahid Hamidi’s trial involving Yayasan Akalbudi funds to consider declassifying a statement the Malaysian Anti-Corruption Commission (MACC) took from defence witness Jefri Jamil.
Judge Datuk Collin Lawrence Sequerah told deputy public prosecutor Datuk Raja Rozela Raja Toran to consider this suggestion as Zahid’s defence team, led by Datuk Hisyam Teh Poh Teik, had decided not to participate in the prosecution’s attempt to impeach Jefri.
This came after the prosecution was not willing to declassify the statement taken from Jefri from the MACC.
Hisyam said that since the beginning of Zahid's defence case, his legal team had requested for the prosecution to extend copies of statements taken by the commission from some of the witnesses.
However, this was objected to by the prosecution, as the statements were classified as privileged documents under the Official Secrets Act 1972, which the High Court also agreed with.
Hence, Hisyam, who appeared with Hamidi Mohd Noh and Datuk Ahmad Zaidi Zainal, asked how could the defence participate in the impeachment proceedings when, in the first place, it was in the dark over the MACC statement recorded from Jefri.
Raja Rozela responded by saying the defence's participation is not required in the impeachment proceedings.
She said the prosecution will only show three pages of Jefri’s statement to the MACC, which are said to be inconsistent with his testimony in the court for the defence.
From there, the DPP said, the court can decide whether or not to impeach Jefri.
Judge Sequerah last month allowed the prosecution’s bid to begin impeachment proceedings against Jefri, 38, who is a director of construction company Teknik Sempurna (M) Sdn Bhd.
Jefri had admitted in the court that he could not quite remember the content of the statement he gave to the MACC.
The DPP, meanwhile, said that the prosecution is not prepared to declassify the statement, but would ask the higher authority responsible whether it can be done.
“You can try and make the application [with the authority], and we will continue with other witnesses [before deciding on the impeachment of Jefri],” the judge said.
Umno president Zahid, 69, is facing 47 charges, comprising 12 for criminal breach of trust (CBT), eight for corruption and 27 for money laundering involving RM31 million of Yayasan Akalbudi funds.
For the 12 CBT charges, he is alleged to have used the funds to make payments for personal credit cards, insurance policies and licences of personal vehicles, remittances to a law firm, and contributions to the Royal Malaysian Police football association.
Each of the CBT charges, filed under Section 409 of the Penal Code, carries an imprisonment term of up to 20 years, whipping and a fine. As for the money laundering charges, each conviction is punishable by a jail term of no more than 15 years, and a fine of no less than five times the sum or value of the proceeds involved — whichever is higher.
The trial continues on Tuesday.