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KUALA LUMPUR, March 19 ― Former deputy prime minister Datuk Seri Ahmad Zahid Hamidi had not produced any evidence to back his claims of having donated to Yayasan Akalbudi ― a charitable foundation where he was a trustee, a Malaysian Anti-Corruption Commission (MACC) investigator told the High Court today.
MACC officer Khairudin Kilau was testifying as the 99th prosecution witness in Zahid’s ongoing trial, where the Umno president is facing 47 charges ― including 12 charges of criminal breach of trust over around RM31 million of Yayasan Akalbudi’s funds by allegedly diverting such funds for other uses.
Today, Khairudin confirmed that Zahid had during MACC investigations claimed that he had contributed to Yayasan Akalbudi’s funds, but said that no evidence was produced to back up such a claim.
“In my investigations, Datuk Seri never said how much was actually donated into Yayasan Akalbudi and Datuk Seri never presented any documentary proof of those donations of funds,” the MACC officer told the High Court when asked by deputy public prosecutor Lee Keng Fatt.
As for the around RM100 million funds that were recorded as having entered Yayasan Akalbudi’s sole bank account from 1997 until May 2018, Khairudin agreed that this was a period spanning around 20 years and which would have required on average annual sums of RM5 million to be deposited.
Lee: If the donations were made by Datuk Seri, on average, how much has to be donated each year?
Khairudin: Based on simple maths, around RM5 million a year to complete the RM100 million.
Yesterday, Khairudin had confirmed bank statements of Yayasan Akalbudi’s account with Affin Bank, which he agreed showed around RM100 million as having been deposited into the account since it was opened in 1997 until May 2018 and funds totalling around RM100 million as having been taken out of the account during the same period.
Zahid’s lawyer Datuk Ahmad Zaidi Zainal yesterday sought to suggest that Yayasan Akalbudi’s source of funds originated from Zahid himself from “donations he received, from his salary, from his investments in shares”, but the MACC officer Khairudin yesterday said only Zahid had claimed during investigations to have contributed to Yayasan Akalbudi and that no other witnesses in the case had said the same thing.
Under the 47 criminal charges faced by Zahid, he is accused of having allegedly accepted bribes and misappropriated Yayasan Akalbudi’s funds which he was entrusted with, and with having allegedly committed money-laundering by having transferred such funds to law firm Lewis & Co.
Throughout the trial, Zahid’s lawyers had however sought to suggest to the prosecution’s witnesses that Lewis & Co was actually a trustee holding the funds on behalf of Yayasan Akalbudi.
Today, Zahid’s lead defence lawyer Hisyam Teh Poh Teik quizzed Khairudin, suggesting that there was no basis in law and facts to all the 47 charges, including a charge where Zahid was accused of committing criminal breach of trust by transferring RM17,953,185.21 or RM17.9 million of Yayasan Akalbudi’s funds to Lewis & Co in June 2016.
Khairudin disagreed that the 47 charges were baseless or without basis, further disagreeing that baseless charges would cause a person’s reputation to be damaged.
Agreeing with Hisyam that the RM17.9 million was deposited into Lewis & Co’s client’s account and that this meant that the owner of the funds were still the law firm’s client, Khairudin however said that Yayasan Akalbudi is not a client of the law firm.
Agreeing with Hisyam that such funds did not “go in into” Zahid’s “pockets”, Khairudin however disagreed that no offence had been committed.
Hisyam: If the ownership of the funds is Lewis & Co’s client, I say there is no breach of trust at all.
Khairudin: Disagree.
Asked by deputy public prosecutor Datuk Raja Rozela Raja Toran who was leading the prosecution in Zahid’s case, Khairudin clarified: “In my investigations, there were no oral testimony or documents that showed Lewis & Co’s appointment as trustee for Yayasan Akalbudi.”
Asked by deputy public prosecutor Ahmad Sazilee Abdul Khairi on who had issued instructions to Lewis & Co or its partner Muralidharan Balan Pillai when Yayasan Akalbudi’s funds were transferred to Lewis & Co, Khairudin said his investigations had shown that Muralidharan and Lewis & Co received instructions directly from Zahid and that there were no resolutions from Yayasan Akalbudi’s trustees on the transfer of funds.
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