High Court dismisses prosecution’s application to transfer Zahid’s case

KUALA LUMPUR: The High Court today dismissed an application by the prosecution team to revise the Sessions Court decision to allow the transfer of Datuk Seri Ahmad Zahid Hamidi’s seven corruption charges to the Shah Alam Sessions Court.
High Court judge Justice Mohd Nazlan Mohd Ghazali, in his judgement, said that he found no error in the decision made by the Sessions Court.
“Based on the record of the proceedings at the Sessions Court, I find no error in the Sessions Court’s application of Section 104 of the Subordinate Courts Act 1948 in transferring the seven charges to the Shah Alam Sessions Court.
“Nor can the transfer order be said to be in a manner incorrect, illegal, or improper to justify this court revising the transfer order of the Sessions Court, said Nazlan.
“In present day Malaysia, however, there is little practical difference between Shah Alam and Kuala Lumpur given the progress made to the transportation system in the Klang Valley.
“It is also certainly not uncommon to find those who work in Kuala Lumpur and Putrajaya to reside in Shah Alam, or vice versa,” he added.
Deputy public prosecutor Gan Peng Kun had earlier argued that it was in the interest of justice to have the charges heard in the Kuala Lumpur Sessions Court as most of the prosecution’s witnesses were based in Kuala Lumpur and Putrajaya.
Gan in his argument also said that Zahid’s defence team did not include several of its supporting arguments in its affidavits.
Zahid’s lead counsel Datuk Ahmad Zaidi Zainal said that the defence saw no miscarriage of justice in the Kuala Lumpur Sessions Court’s decision to transfer the seven charges to the Shah Alam Sessions Court.
On July 31, Sessions Court judge Azman Ahmad allowed Zahid’s application to transfer the seven charges, which were originally slated to be heard in Kuala Lumpur Sessions Court, to be heard together with the other 33 charges he was facing at the Shah Alam Sessions Court.
On June 26, Zahid was charged under Section 16 (a)(B) of the MACC Act 2009 and punishable under Section 24 (1) of the same act for allegedly receiving a total of RM12.85mil from Ultra Kirana to extend the company’s contract as the one-stop centre in China and for the Visa Luar Negara (VLN), or the overseas visa system.
The offences were allegedly committed at Seri Satria, Precinct 16, Putrajaya, between March 28,2017, and March 2,2018.
The offences carry a maximum jail term of 20 years and fine of RM10,000 or five times the amount of the bribe, whichever is higher, on conviction.
The Bagan Datuk MP also faces 33 charges of corruption, totalling RM42.76mil involving similar offences.