Kota Kinabalu: Sabah Umno welcomes the Kuala Lumpur High Court’s recent decision of granting an order of discharge not amounting to an acquittal on Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi’s 47 charges relating to graft, breach of trust and money laundering.
Sabah Umno chairman Datuk Seri Bung Moktar Radin said they uphold and respect the decision made by Court of Appeal Judge Datuk Collin Lawrence Sequerah (sitting as High Court Judge).
“It is essential to note that this discharge followed a rigorous evaluation process undertaken by the Attorney-General’s Chambers, in which they reviewed the 47 charges based upon the compelling rebuttal evidence presented by the Defence team of Datuk Seri Ahmad Zahid Hamidi during the trial,” he said in a statement, Wednesday.
“We appreciate the Attorney-General’s Chambers for their integrity and diligence in handling this matter.
“Their decision to discontinue the criminal proceeding reflects the cardinal principle of criminal law that no prosecution should be brought against any person based on incomplete investigation.”
He added it is crucial to highlight the guiding principle that a person should not be put in peril of a criminal trial unless the prosecution is able to prove the case against him.
“To do otherwise is an injustice.
“It is unjust primarily because of the social stigma that immediately attaches to a person once he is charged in court.
“The accused becomes ostracised, often deserted by friends, facing embarrassment, and enduring mental torment while awaiting trial.
“This underscores the importance of complete and impartial investigations as the foundation of our justice system, ensuring that individuals are only charged when there is sufficient evidence against them,” he said.
The law, he said, exists not merely to punish but to ensure that justice is served, which can only occur if each party is granted a fair opportunity to present their case.
“Charging individuals based on incomplete investigations undermines this very foundation, eroding public trust in the judicial system and other institutions that are supposed to uphold the rule of law.
“We also wish to note that the decision by the Attorney-General’s Chambers comes in the context of the Royal Commission of Inquiry (RCI) that will be formed to look into claims in former Attorney-General Tommy Thomas’ controversial memoir, particularly on alleged selective prosecution.
“This is a tacit acknowledgement that all prosecutions of Umno politicians, including former Prime Minister Datuk Seri Najib Tun Razak, initiated by Tommy Thomas could possibly be tainted by malfeasance act.
“This further highlights the need for impartiality and due process in all legal proceedings, irrespective of the individuals involved, to uphold the rule of law.
“We believe in the due process of law and the principle that everyone is innocent until proven guilty.”
He said the recent development strengthens their confidence in the Malaysian judicial system and reiterates the importance of thorough investigation before pressing charges against any individual.
