'From DNAA to NFA': AGC closes cases against Zahid

The Attorney-General’s Chambers announced today that no further action (NFA) will be taken in relation to a discharge not amounting to an acquittal (DNAA) granted to Deputy Prime Minister Ahmad Zahid Hamidi on 47 charges involving criminal breach of trust, corruption, and money laundering related to funds from Yayasan Akalbudi.

The chambers referred to a Kuala Lumpur High Court decision on Sept 4, 2023, and detailed investigations carried out by MACC covering aspects related to the source of funds, methods of acquisition, and the use of the funds concerned in making the decision.

“Accordingly, this department has decided that no further action will be taken in relation to the case.

“This decision consequently brings the case to a final conclusion, in line with the powers and discretion of the attorney-general under the Federal Constitution and relevant laws,” AGC said in a statement.

Elaborating, AGC said subsequent investigations also covered matters raised through six representations submitted after Zahid was called to enter his defence.

“After reviewing the entirety of the materials and new evidence obtained from the further investigations and assessment, this department, based on prosecutorial evaluation and consideration, found that the available evidence was insufficient to support the continuation of prosecution for all the charges,” it said.

AGC said matters taken into account in making the decision include:

• the scope and focus of the investigation at the initial stage, which were directly related to the charges filed;

• internal prosecutorial considerations and evaluations recorded at the initial stage concerning the suitability and sufficiency of evidence to support prosecution, as well as the sustainability of continuing the prosecution;

• subsequent further and detailed investigative steps undertaken by MACC to complete and refine the overall picture of the facts, context, and new evidence in the case; and;

• findings of the further investigation, which encompassed the entire period of the establishment and operation of Yayasan Akalbudi, including the flow of funds and contributions into the foundation over time.

“This department emphasises that the decision made is based on professional and legal considerations, taking into account the interests of justice, the integrity of the prosecutorial process, and the need to ensure certainty and transparency within the criminal justice system,” AGC stressed.

‘Zahid can still be charged later’

In response to the matter, a lawyer said the NFA decision does not mean Zahid cannot be charged in court again.

M Hafiz Zainol Abidin said the attorney-general still has the power to continue the prosecution, as Zahid’s case was only given a DNAA.

"Prosecution is under the AG's authority. And the cases were only given DNAA before this, not discharge and acquittal.

"If only DNAA, he can still be prosecuted, subject to the power of the AG.

"But that might only happen under a different AG, not the current one (Dusuki Mokhtar), because he has already decided to discontinue the cases," Hafiz told Malaysiakini.

On Tuesday, Zahid reaffirmed that Umno will remain in government until the end of the current parliamentary term.

Yesterday, PAS election director Sanusi Nor had suggested that Zahid’s “legal burdens” played a factor in Umno’s decision to stay with the government.

Akmal lauds decision

Meanwhile, Umno Youth chief Dr Akmal Saleh said AGC’s decision proved that the charges against Zahid were “politically motivated” and lacked sufficient evidence.

“Finally, the truth has been revealed. The prayers of the wrongfully prosecuted will always be answered,” the Merlimau assemblyperson said on Facebook.

Pejuang information chief Rafique Rashid Ali, in a separate Facebook post, questioned why the case was not brought before judge Collin Lawrence Sequerah for the court’s consideration.

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