SHAH ALAM, Sept 1 — Lawyers representing Datuk Seri Ahmad Zahid Hamidi in his bribery case sought to convince the High Court here today that the former deputy prime minister was being selectively prosecuted over money received in connection to the government’s award of a foreign visa system (VLN) contract.
His lead counsel Datuk Hisyam Teh Poh Teik argued that the public prosecutor (PP) did not act fairly by charging Ahmad Zahid and none of the other high-profile people said to have received bribes from Ultra Kirana Sdn Bhd (UKSB).
The lawyer said this showed an infringement of his client’s rights under Article 5 and 8 of the Federal Constitution.
Article 5 states that no person shall be deprived of his life or personal liberty in accordance with law; while Article 8 states all persons are equal before the law and entitled to the equal protection of the law.
“The law requires the public prosecutor to act fairly. It is not in the public interest if the prosecution were to practice discrimination.
“The decision to charge the accused only had a discriminatory purpose and said discrimination was due to his political inclination,” Hisyam said in his oral submission before trial judge Datuk Mohd Yazid Mustafa.
Presenting his case, Hisyam first cited the oral testimonies of the UKSB's former administrative manager David Tan Siong Sun (17th prosecution witness) where the latter had testified cash payments were made to one Tan Sri Muhyiddin Yassin.
During the trial, Muhyiddin was said to have received a total of RM1.3 million in 2018 during his tenure as home minister under the Pakatan Harapan administration.
Hisyam said Muhyiddin, who is described as being similarly circumstanced as Ahmad Zahid, was not charged in court despite both men having held the home ministry portfolio and received monies in the form of political donations from UKSB's representatives.
The lawyer further questioned why Muhyiddin was accorded special treatment by the authorities and that his client had been treated unequally, before noting several similarly circumstanced 'politicians' with his client who were treated the same.
Reading out names of those implicated, Hisyam said evidence in court has clearly adduced politicians namely Khairy Jamaluddin, Datuk Seri Anifah Aman, Datuk Seri Hishammuddin Hussein, Datuk Seri Reezal Merican Naina Merican, Shahril Hamdan, Tan Sri Ong Ka Chuan, Tan Sri Chan Kong Choy, Datuk Seri Mohd Shafie Apdal Muhyiddin and Tun Dr Mahathir Mohamad were cash recipients of UKSB as well.
"The prosecution must answer all these questions. If they are unable to answer, it becomes the point of our submission that is selective prosecution," Hisyam said.
Adding further, Hisyam also contended that the receipts of political donations are not wrong or unlawful as noted in the precedent case of Tengku Adnan bin Tengku Mansor vs. PP (2021).
Hisyam therefore attested that the defence of his client ought not to be called since there is a clear breach in Article 5 and 8 of the Federal Constitution.
Ahmad Zahid is facing 33 charges of receiving bribes amounting to S$13.56 million (RM42 million) from UKSB as an inducement for himself in his capacity as a civil servant and the then home minister to extend the contract of the company as the operator of the OSCs in China and the VLN system as well as to maintain the agreement to supply VLN integrated system paraphernalia to the same company by the Home Ministry.
Ahmad Zahid was charged with another seven counts as home minister who obtained S$1.15 million, RM3 million, CHF15,000 and US$15,000 in cash from the same company for himself in connection with his official work.
He is accused of committing all the offences at Seri Satria, Presint 16, Putrajaya, and Country Heights, Kajang, between October 2014 and March 2018.
