KUALA LUMPUR: The High Court here today dismissed the prosecution’s application to review the decision by the sessions court in allowing the case of former Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi (pix), who is facing seven charges of accepting bribes totalling SG$4.24 million (RM12.85 million) via overseas visa (VLN) system, to be transferred to Shah Alam sessions court.
Justice Mohd Nazlan Mohd Ghazali in his judgment said he found no error in the transfer order made by the sessions court under Section 104 of the Subordinate Courts Act 1948.
“Based on the record of proceedings of the sessions court, the transferring of the seven charges to the sessions court in Shah Alam, or the transfer order is not incorrect, illegal or improper to justify this court reviewing the transfer order of the sessions court.
“Based on the above grounds I dismiss the application,” he said adding that the only issue was the argument that it is for the general convenience of the witnesses that the charges be heard in Kuala Lumpur instead of Shah Alam.
“In present day Malaysia however there is little practical difference between Shah Alam and Kuala Lumpur given the progress made to road and 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 and this has not taken into account potential witnesses for the defence should they be called,” he said.
The prosecution applied for a review of the decision by Sessions Court Judge Azman Ahmad on July 31 which allowed Ahmad Zahid’s application to transfer the case to be tried with 33 other corruption charges relating to VLN at the Shah Alam sessions court.
Deputy public prosecutor, Gan Peng Kun argued that prosecution witnesses are mostly from Kuala Lumpur and Putrajaya and this fact was stated in the prosecution’s affidavit reply.
Counsel Datuk Ahmad Zaidi Zainal, who is representing Ahmad Zahid, said even though the case is heard in Shah Alam Court, it would not burden any witnesses from attending. — Bernama
