Prosecution files petition of appeal against Zahid’s VLN case acquittal

An inconvenient prosecution

The attorney general’s chambers in the role as public prosecutor today filed a petition of appeal to overturn deputy prime minister Ahmad Zahid Hamidi’s acquittal in the foreign visa system (VLN) corruption case, last September.

A notice of appeal was filed before the federal election on September 26. The formal petition of appeal was filed on December 30.

The decision whether to pursue the prosecution of Zaid was firmly in the hands of the attorney general. The attorney general Idrus Haron told the press back in September, he needed time to determine the worthiness of appealing Zahid’s case.

On September 23, Zahid was granted a surprise acquittal in the VLN case on the grounds the prosecution wasn’t able to establish a prima facie case against the defendant. Justice Mohd Yazid Mustafa went ahead and dismissed the case.

The petition of appeal is said to cite 15 grounds of appeal to reverse Zahid’s acquittal. A hearing is scheduled for case management on January 10, just 12 days away.

Implications

Before the November 19 general election, Zahid was labelled as the corrupt leader of a corrupt party, illegitimate to govern. Many said Zahid should go to jail.

Ironically, comments on social media platforms now shows some change to that stand, where the implications of Zahid’s court case upon Anwar’s government are well understood. Zahid is seen as integral to Anwar’s ability to hold his government together.

Any guilty verdict against Zahid could lay the grounds for Anwar’s government to fall. Certainly, any ongoing court case involving Zahid as deputy prime minister would be damaging to the integrity of the Anwar government.

Zahid is facing a separate trial for alleged criminal breach of trust, corruption, and money laundering, also due to commence in January. Zahid facing two concurrent trials would make it extremely difficult for him to carry out commitments as the deputy prime minister.

What is happening here?

The first impressions about the petition of appeal is attorney general Idrus Harun is diligently carrying out his duty without fear or favour, still pursuing the Zahid case.

Back in October, Zaid Ibrahim publicly called for a halt in all high-profile court cases involving politicians until after a new attorney general was appointed. Zaid Ibrahim must have known the character of the attorney general would carry on diligently.

Idrus Harun is currently awaiting the government to appoint a new attorney general, so he can leave the position before his contract is completed. The government hasn’t selected his replacement yet.

Idrus career as a judge in the High, Federal, and Apex courts was distinguished. He took part in a number of landmark decisions, which highlighted his fairness. Prima facie, it appears Idrus had completed his due diligence in the Zahid verdict, and decided to pursue the appeal. Idrus believes Zahid still has a case to answer.

From this point of view Idrus has no fear of the consequences. We can see Idrus as brave, but we don’t know how much consideration he gave to the public interest in pursuing Zahid’s appeal.

It may not be easy for the appeal to be upheld and Zahid’s acquittal reversed. The prosecution did make errors and some of the witness testimonies couldn’t be corroborated. The High Court will have to see good reason to reopen the case.

Taking a more sinister view, Idrus was appointed by Muhyiddin when he became prime minister back in February 2020. However, this is a very long bow to draw to claim there is any conspiracy here to destabilize the Anwar government. However, there have been accusations that Idrus was partisan in the Musa Aman and Riza Aziz cases. Paradoxically, Idrus held out on former prime minister Ismail Sabri Yaakob’s calls to charge former attorney general Tommy Thomas on trumped up charges.

This is an inconvenient prosecution for the Anwar government. Anwar’s integrity is also being put on trial. There is a grave risk he will become collateral damage. Anwar will be open to opposition criticism, if Zahid doesn’t stand aside during the court cases, at least on a leave of absence.

There will be concern in both Putra Jaya and the Istana today. Malaysia is appearing to get transparent justice, but it could be at a great cost.

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