Zahid applies to postpone defence hearing pending outcome of appeal for witness statements
He says he was advised to obtain a copy of the recorded statements to ensure 'corroboration' between his testimony and theirs, failing which his right to a fair trial would be affected.
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Ahmad Zahid Hamidi has filed an application to postpone the proceedings of his defence pending a decision by the Court of Appeal on his appeal to obtain copies of the recorded statements of defence witnesses in his corruption case involving Yayasan Akalbudi funds from the Malaysian Anti-Corruption Commission (MACC).
Lawyer Hamidi Mohd Noh, representing Zahid, told High Court judge Collin Lawrence Sequerah that the application was filed on June 23.
“We request an immediate date for the hearing of the application,” he said.
Deputy public prosecutor Abdul Malik Ayob then informed the court that the prosecution had received a copy of the notice of application via email last Saturday and would object to the application.
“We need time to file the affidavit in reply to the application,” he said.
Sequerah then set July 4 for the prosecution to file the affidavit-in-reply and July 7 to hear the application.
Based on the supporting affidavit filed with the notice of motion for the application, Zahid said he was advised by his lawyer to obtain a copy of the recorded statements of the defence witnesses to ensure “corroboration” between his testimony and theirs.
Otherwise, he said, his right to a fair trial would be affected.
The witnesses include his daughter, Nurulhidayah, his brother Mohamad Nasaee Ahmad Tarmizi and businessman Khalid Mohamad Jiwa.
“This application is not intended to delay the trial of my case as I have testified during the examination-in-chief. This application is of a bona fide nature (good faith) to ensure that I get a fair trial,” he said.
On May 9, the High Court dismissed Zahid’s application to obtain the recorded statements of 15 witnesses from MACC on the grounds that it could expose the witnesses to intimidation, like being threatened to give evidence that differ from what was in the recorded statement.
On Jan 24, Sequerah ordered Zahid to defend himself against 47 charges of criminal breach of trust, corruption and money laundering involving Yayasan Akalbudi funds after finding that the prosecution had succeeded in proving a prima facie case against him.
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