Dropping Appeal In Zahid S Vln Corruption Case Raises Questions

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From Goh Cia Yee
The withdrawal of the appeal against the acquittal of deputy prime minister Ahmad Zahid Hamidi in the foreign visa (VLN) system corruption case is quite peculiar.
The prosecution pursued 40 corruption charges against him for three years, taking up court time and resources that could have been reserved for so many other cases.
The appeal against the decision of the High Court was a chance for the prosecution to perform their duties and obligations to the public at large by challenging the acquittal and continuing the pursuit of justice.
However, instead of leaving it in hands of the judiciary, the prosecution decided to pull the plug voluntarily and call it quits without any valid explanation to the public and the millions of Malaysians who have placed their trust in them.
The appellate court did not get the chance to deliberate on the matter, leaving the decision of the High Court intact and certain.
This is worrying as last year, the prosecution also decided to withdraw their other case (the Yayasan Akalbudi case) against the deputy prime minister despite the court ordering him to enter his defence.
At the 11th hour, midway through the defence stage, in quite an unprecedented move, the prosecution decided not to continue with the case against the deputy prime minister.
The then attorney-general, Idrus Harun coincidentally went on retirement leave during the announcement of this decision.
The lead prosecutor of the case against the deputy prime minister, Raja Rozela Raja Toran, on the other hand, decided to retire early, just one month before the case was withdrawn. She is now a High Court judge.
The attorney-general that took over from Idrus Harun and filled in the role during his absence, Ahmad Terrirudin Salleh has now been appointed as a judge to the Federal Court, 10 years younger than his peers on the bench, without having sat as a High Court or Court of Appeal judge throughout his career.
Dusuki Mokhtar, who took over the prosecution in the Akalbudi case from Raja Rozela, is now the attorney-general despite not being a solicitor general before. A month after the new attorney-general was appointed, the appeal against the deputy prime minister was withdrawn without explanation.
The deputy prime minister is now a free man. There is no indication of his Akalbudi case being reinstated anytime soon. All is well for the government of the day.
But imagine what would happen if the prosecution was not so considerate.
What if the deputy prime minister was convicted for the Akalbudi case? What if the appeal in the VLN case was allowed and his defence was called?
That could be a big hurdle to the stability of the current government of the day.
Fortunately for the Madani administration and the deputy prime minister, it seems that the prosecution has had a change of heart since the 15th general election (GE15).
A heart I rarely see in my everyday dealings with the criminal courts and the criminal justice system.
A heart that has no room for mentally ill women carrying trash bags to court unable to comprehend court proceedings.
A heart that has no room for senile old men, lying waste in prison with a urine bag, repeating his innocence under mumbled breath.
A heart that has no room for baby mothers with packets of milk stolen out of desperation.
One can only hope that the government may start taking their promises for reform seriously and separate the role of the attorney-general and the public prosecutor.
Instead, presenting solutions to viral cases seems to be the priority and we can only hope focus and importance is given to much-needed institutional reforms. - FMT
Goh Cia Yee is a criminal lawyer and an FMT reader.
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

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