13 reasons to disagree with the AG's decision in Zahid’s case (Part-4)
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- čas přidán 28. 08. 2024
- Title: Analyzing Disagreements with the Attorney General's Decision to Discharge Ahmad Zahid Hamidi from Akal Budi Case
Introduction:
On September 4, 2023, the High Court issued a 'Discharge Not Amounting to An Acquittal' (DNAA) for Datuk Seri Ahmad Zahid Hamidi in the Akal Budi case, sparking controversy and a furious backlash. The Attorney General's reasons for this decision have been met with skepticism. In this analysis, we will dissect the 13 reasons cited for disagreeing with the Attorney General's decision and provide counterarguments.
I. Prosecution's Reasons for Zahid's Discharge:
The prosecution presented 11 reasons for discharging Ahmad Zahid Hamidi. However, these can be subdivided into five key elements:
1. Investigations were rushed and incomplete.
2. A detailed and comprehensive investigation was necessary.
3. Allegations of selective prosecution by the previous government.
4. Accusations of exploitation of the Attorney General's Chambers and the Malaysian Anti-Corruption Commission (MACC) for ulterior motives.
5. The establishment of a Royal Commission of Inquiry to investigate former Attorney General Tan Sri Thomas's memoir and concerns about damaging the reputation of AGC and MACC.
II. Examination of the Prosecution's Reasons:
A. Allegation of 'Rushed, Careless, Premature, and Incomplete' Investigations:
1. Zahid's Defense Was Called: By March 19, 2021, after 99 witnesses had testified, Justice Sequerah ordered Zahid to enter his defense on all 47 charges. This indicates that the prosecution had sufficient evidence to proceed.
2. Maximum Evaluation Test: The judge carefully evaluated the evidence and ordered Zahid to enter his defense only if there was a reasonable chance of conviction. This demonstrates the seriousness with which the case was handled.
3. Second Evaluative Exercise: After Zahid's defense, another thorough evaluation was conducted. If Zahid's evidence raised a reasonable doubt, he would be acquitted.
4. No Need for Further Investigation: Calling Zahid's defense implies that the prosecution had no need for additional in-depth investigations.
5. Defense Counsel's Role: Defense counsel would eagerly exploit any defects in the prosecution's case to secure an acquittal. The AGC would not risk their reputation with defective charges.
6. Established Practice: Prosecutors do not initiate charges without sufficient evidence, as it could jeopardize their careers. The claim that prosecutors deliberately framed weak charges is implausible.
B. Pattern of 'Defective Charges' and 'Weak Evidence':
1. Recent Cases: The assertion that senior politicians frequently secure DNAA rulings with defective charges and weak evidence raises questions about the integrity of the AGC.
2. Politician Interference: Instances where politicians interfere with investigations suggest a potential problem, but this does not necessarily justify DNAA rulings. It should prompt reforms instead.
C. Manipulation of AGC and MACC:
1. Timing of Allegations: If manipulation occurred in 2018, why did it take five years to raise concerns? The timing, after the 2023 state elections, raises doubts about the sincerity of these allegations.
2. Delaying Tactic: The call for a Royal Commission is viewed as a delaying tactic, with a history of producing inconclusive results, as seen in the Teoh Beng Hock Commission.
3. Unlikely Recharging: After a DNAA, it is rare for the prosecution to recharge the accused. This can lead to cases growing cold, impacting justice.
Conclusion:
The decision to discharge Ahmad Zahid Hamidi from the Akal Budi case has ignited controversy. The prosecution's reasons for this discharge case difficulties. While concerns about rushed investigations, manipulation of government agencies, and selective prosecution are raised, a careful examination suggests that the case may not be as straightforward as it appears. The AGC and MACC must address these concerns and restore public trust in the prosecutorial system.
On that I have another video coming, in Part-5.
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Very good analysis. Why the DPP took 5 years to drop the charges after prima facie was proven? Its clear who influenced the judgement behind the scenes. It's sad that Malaysia is becoming a compromised state of corrupted politicians
Only after 5 long yrs the AGC got bewitched by bomohs' pukau !!! Compromises must be proper & safe & cautious & meticulous!!!
Thank you for your views
@@alexlim4525 betwitched by $$$?
Take away the AG's powers to withdraw charges at his whim and fancy or being ordered to by " unseen forces " . The power to halt and abandon cases should be at the discretion of the presiding Judge
Justice should be upheld at all cost . No one should be above the law .
S .KULASINGHI
I agree 100% with you.
Thank you for your kind words.
You are the best in analysing the facts of the case, bravo to to
Thank you for your kind words.
An excellent presentation regarding Zahid's case!!!
Thank you David
Great Great Great without prejudice.
Thank you for your comments.
What ever u say they dont care because all those people under their influence...
Thank you for your views
Professionalism defeated by politics with greater disgrace potraited in the world history.
A very good analysis...agree with you..
Thank you for your kind words
Well said ❤
Thank you for your kind words
Thank you for the kind explanation. Hope you can be engaged to bring down these criminals like what the late Gopal Sri Ram did. Cheers.
Thank you for your kind words
Good explaination sir.
Thank you for your views
Thank you for your views
As a practising lawyer, i have same perspective in line with your view sir. Tq
It's very obvious but sad, govt need to secure their position.
Thank you for your views
My quote: “Justice begins with the exercise of prosecutorial discretion”
Absolutely
So, DNAA ought to mean DISCHARGED NOT ADMITTING ALL ALLEGATIONS !!! 🤣🤣🤣DNAAA!!!
Thank you sir for your analysis . Appears justice is influenced by politicians and is not right
Thank you sir
proud of u sir really appreciate for all the info that u provide
Thank you Thivya
What about the others with DNAA. Are u cherry picking.
Thank you for your views
Since mathatir is alive should have ask him what happen to our jurisdiction system and why he changes it
Thank you for your comments
This man jas stolen millions of public tax payers money and we are about to see let off scot free Yet there are sill some members of the public dont mind about this Strange and mind blowing causing him to get bolder and bolder anfd skimming more larger and larger amount knowing that he will not be punished for his crime
Thank you for your views
Its always the politics and the politicians
Thank you En Faizal
GK,
What about other DNAA given to order politicians including Muyiddin, Anwar Musa to just name a few.
Why don't you continue with analysing the reasons for their DNAA and acquittal too.
Tq
I hope to, if time permits.
In short, the 40K or 60K advocates in the Bar Council ought to unite with ONE VOICE to uphold & defend the sovereignty of Malaysia's JUDICIARY! As advocates, U all ought to protect & defend our JUDICIARY or else who will!!! The AGC is NOT perfect & immuned to temptation!!!
Dont forget the Chief Justice of Malaysia.
What about the rest of the population? Should not they also do so?
I watch the movie “Anwar”. He said many times lawan rasuah….. I wonder can I get the refund back?
What do you think?
Sir, he should masuk longkang monsoon n be drained away.😆😆😆
Lawan rasuah was first use by mathatir
@@GKganesan that movie should oso must have Part 2 where his student get away with DNAA.
The key words here is Maximum Evaluation Test, the write up or charges, gone up and down by all parties involve in this case. A pattern emerge with all those involve in DNAA, they can get away with it, but how long? As long as possible. So what is the take from these hullabaloo, there are two, 1) Do it right the first time and now 2) A clear separation of power , from judiciary and executive. Well the ship has sailed, and we can only hope for a better strategy next. Great work GK, I understand it very clearly.
Thank you Mr Majangkim
Thank you
👌
Why Zahid only is there no one with DNAA case, you should tell all who and who to show your credibility
Comedy court for VIP s
Thank you for your opinion
It is true, we have 2 sets of laws.. For common rakyat.. And another for helangs...
The select committee.. Public statement just dress up..
Thank you for your views
Justice has been traversed in Jahid’s case! AG is part of the executive branch of government, not part of the Judyciary, one must bear in mind. The independence of Judiciary is not on trial here.
Hi sir, may you kindly do a video on bar council judicial review against agc's decision, dnaa-ing zahid. I would like to know the success rate of the application. To me, theres no one else bother to taken up the issue to court, so what bar council did is noble to say the least. Tq sir.
Will try sir. So busy.
👏🏻👏🏻
Thank you!
A line that came to mind after viewing yr video- " O what tangled web we (they)weave when first we (they)practice to deceive".
Loved the quote. Lovely English. Keep sending more!
So sad
True
It is not surprising this happens since the AGC is directly under the control of PM.s Dept which lacks intergrity and morality and practices politics over principles.
Don't forget that it was Muyiddin that appointed the Idris Harun as the AG and his tenure continued to the fullest until his retirement on the 5th September 2023.
Therefore he had all these while being responsible for all those DNAA cases and even acquittal for Muyiddin to just name a few.
Don't forget Anwar Musa too.😅😅
Come on guys the root cause is mahathir who change the jurisdiction system and education system
Thank you for your views
Thank you for your views
Thank you for your views
Ideologically authorized retire immediately, why??
Thank you for your views
if justiced to upheld because zahid from umno how about guan eng coruptions case why his case be given dismissed by AG Thomas & non of you argguing
Exactly! You are right
GK,
There should similarly be further analysis for others DNAA Cases against politicians.
In addition, must put in more analysis on Muyiddin recent case where he was found not guilty.
Yes. That would be a good idea. I hope to be able to continue this series later.
@@GKganesan You have been producing fantastic videos on matters of law.
Great Work.💪💪👏👏
👍👍👍
How do we make Malaysian lawyers and criminals think seriously hard before dropping charges or appealing against their sentences.
The people themselves must ask questions. They must ask their politicians to be accountable. That is the only sure way.
@@GKganesan who holds the whip or is there one at the moment.
Tell why a laymen would not be charged for contempt of court in this instant.
Thank you for your comment
Hi sir, a bit late on the issue but following the judicial review by bar council, ive taken the issue again. 1 question, the argument is that the agc's decision was rushed etc, how was it rushed when among the reason by agc, they need to further investigate Zahid's defence and wait for tommy's rci. So, agc cannot rushed to proceed with the case as theres related matters pending. Hence the DNAA. The fact that agc rarely recharges is immaterial n its wrong to assume that agc will do the same for this case. How to rebut this argument?
We start with the proposition that the AG should never charge a person unless the AG has convictable evidence. Thus, if a person has been charged, the presumption is that the AG did have such evidence. If that presumption is wrong, the accused should never have been charged. What if the presumption is properly and correctly held, but later, the accused is released on a DNAA? That is the troubling question.
Negligent, incompetent, dereliction of work or playing politics or all of the above....
Thank you for your comments
Why the rush to condemn? The special committee has yet to assess the situation. It's only fair to evaluate the situation after the findings has been concluded ....
just for the benefit of the doubt🤔 i guess...
Whose rushing here? No one condemning anyone.
DNAA is choice given by AGC to judges....this committee assessment is just rubbish..AGC is all the while under PM portfolio....this committee, you really believe there will be something worthwhile to be established later so called several meetings....like months or even years....political move nothing more nothing less
I agree with you why rush to condemn,,the inside story is yet to finalist the true facts,,
GK , it’s Lee Kuan Yew’s ( LKY ) Centennial. Whats the Chances of YOU doing an Special LKY Tribute Episode on the “ Phenomena “ surrounding Timing of LKY’s Death & subsequent High Profile Distancing that Followed . For Starters, Both LKY & Goh Yong Hong ( Ex Comm of Police & Known LKY’s Blue Eyed Lap Dog) suddenly Died within Weeks in 2015 AFTER The Ram Singh Family Filed Allegations that Incriminate Both In Singapore High Court. 😳…. Purely Inquisitorial, No need sugar coat bcz Evidence mostly from Official Court & Public Records… Wanna have some Fun , Sir ? 😊
Well…
Following
Thank you
😆😆😆😆😆Reformasi ? 😆😆😆😆 No eye see loh this country🤣🤣🤣🤣🤣. Who ever rules same also, no difference. Hopeless land...
Thank you for your comments
A learned lawyer is very academic. He will be good as a lecturer. Some lawyers sell their souls for a penny. Some lawyers extensively analyse some cases and choose to be silent on other similar cases. Legal fraternity is also comprised I suppose.
Corruption and selfishness exists in all people. A leader should have neither. His interest should only be to act in the best interest of the nation. Onn Jaafar and Hussein Onn were such leaders. But that integrity is now lost. When will we have such leaders?
@@GKganesan Unlikely to find leaders like Putin & President Xi in this new world order.
Our trillion dollar man needs to endure in order to bring eternal prosperity before the baddies destroy our world. However your sage legal opinion, as always is correct, in the face of two subjective worlds, the good and bad forces.
The root cause is mahathir
Thank you for your opinion
Politics over ruled Justice......🤣🤣🤣🤣🤣🤣😉😉😉😉😉😉😉😉😉😉Mesia Buley
Thank you for your views
❤
Thank you Mahandran
4
Thank you for your views
BN got 30 seats (NOT 28 seats as mentioned at 3.50, its an error, intentional or unintentional) + PH 82 = 112 seats, enough to form the Government. The rest is just filling up to make it 2/3 majority.
Is this a justification for working with bn and for the release of Zahid? How about pH+GPS+grs+warisan+muda+independents are also enough to form govt?
@@michellewang1456
In the first place, PH to work with BN is at the advice of YDPA. The rest is just filling up to 148 up until SS pull out last week. But still strong compared to 112 slim majority.
On Zahid's DNAA, PMX mentioned he did not interfere.
If PMX does interfere,
1) he might as well not going to release modin's 4 cases, isn't that stupid if he can interfere and then release modin?
2) he might as well release Zahid on DAA, but why stop short at DNAA, isn't this another stupid interference of not going thro and end all 47 cases?
#TATAKELOLAdashyat
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@@GKganesan what a shame to all law maker in M'sia
2 words only lar: hanky panky
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MENGARUT BADUT SARKAS welcome to Tanah Melayu
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