By Latheefa Koya
On 12 December, Deputy PM Zahid Hamidi was acquitted by the Court of Appeal of 40 corruption charges in the VLN case after the attorney general withdrew his appeal.
The court had no choice as the government through the attorney general had declined to proceed.
This event is a severe blow to the fight against corruption in Malaysia. It fundamentally damages our reputation regionally and globally. The world is watching this charade.
I am privy to the facts in this case. The primary investigating body in this case was the Malaysian Anti-Corruption Commission, and I was the chief commissioner at the time Zahid was charged in court for these offences.
I would not ordinarily comment on cases I had investigated; but this case attracts the highest considerations of national interest.
I made the decision to recommend to the attorney general that Zahid be charged based on the MACC investigation papers and discussions with my officers. Every angle was looked into. The investigation was painstakingly thorough and comprehensive. I had no hesitation in making the recommendation.
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Therefore, I am shocked by the claim of the attorney general’s representative in the Court of Appeal that there was “strong legal or factual basis” to withdraw the appeal. This runs starkly contrary to my knowledge of the matter, and I am in a position to know.
Based on the evidence and taking into account the judgment of the High Court, the law should have been permitted to run its course.
It does not matter whether the accused is a deputy PM or an ordinary citizen. The law must apply equally to them. This is enshrined in Article 8 of the Federal Constitution.
This comes after the dropping of 47 criminal breach of trust and corruption charges against Zahid in the Akalbudi case in September last year. Would an ordinary government clerk charged with petty corruption receive such favourable treatment from the attorney general?
I hope the prime minister and other government leaders will not demean the intelligence of the public by claiming ignorance of this matter. Zahid is the PM’s closest political ally, and all his corruption cases have been dropped by the attorney general. The thing speaks for itself. Explanations are required, but none has been forthcoming from the government. Is this good governance?
The inescapable conclusion is that in Malaysia, the rule of law is crippled. It is fundamental to the rule of law that all citizens be treated alike, irrespective of their status or political position.
This culture of lawlessness and impunity of those in power is a hallmark of failed countries like Assad’s Syria. This is a direction which we do not wish to see our country headed.
Latheefa Koya is a former chief commissioner of the MACC.
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