KUALA LUMPUR: The High Court was told that Datuk Seri Dr Ahmad Zahid Hamidi was the “boss” of Yayasan Akalbudi (YAB) who had dominion of the funds entrusted to the charity foundation.
Deputy Public Prosecutor Datuk Raja Rozela Raja Toran, who was submitting at the end of the prosecution’s case in Ahmad Zahid’s graft trial, said despite being a trustee of the foundation, it was Ahmad Zahid who had control of YAB.
She said the Umno president was entrusted with dominion of YAB’s properties as the foundation’s trustee but he dishonestly misappropriated millions of ringgit from its coffers.
She gave the example of how two trustees, Samsuri Tun and Prof Dr Zulkifli Senteri, in YAB were later replaced by two others chosen by the accused.
The two new trustees, Muhammad Nabil Salleh and Datuk Khairuddin Tarmizi, held positions in Bagan Datuk Umno, where Ahmad Zahid is the MP.
DPP Raja Rozela further submitted that at first glance, the two new appointment may seem unremarkable.
“But if you take a closer look at their position, you will soon see one of them is his personal aide.
“They may be trustees, they were trustees just like him (Ahmad Zahid), but a reality check here – the accused is still the boss.
“It is not an exaggeration on my side, that what the boss wants, the boss gets,” she added.
DPP Raja Rozela said the accused ought to have known also he was not legally entitled to use the property of YAB for himself.
“So by making use of the funds for his own purpose knowing that he is not entitled to do so, the accused had acted in dishonest intention of depriving YAB of its properties and to secure the funds for his own gain,” she further submitted.
Earlier, the court allowed Ahmad Zahid’s application for the temporary release of his passport to be released on Oct 26 and returned on Nov 21, for him to undergo surgery in Munich, Germany.
This is following the Shah Alam High Court’s decision earlier in the day that allowed a similar application for the passport to be returned to Ahmad Zahid who is seeking medical treatment for back pain.
Justice Collin Lawrence Sequerah, however, imposed a condition that Ahmad Zahid must have a second bailor.
“The application is allowed with the condition of extra surety for the bail and also to clarify the purpose (for the temporary release of passport) is for the surgery and he (Ahmad Zahid) is confined to Germany alone,” the judge said.
Ahmad Zahid’s lawyer Hamidi Mohd Noh said a friend of Ahmad Zahid, who was present in court, was ready to step up as the second bailor.
At the Shah Alam High Court, Justice Mohd Yazid Mustafa allowed the application after Ahmad Zahid’s other lawyer, Datuk Ahmad Zaidi Zainal, informed the court that the temporary release would not affect Ahmad Zahid’s next trial date in Shah Alam, which is on Oct 22.
In Shah Alam, Ahmad Zahid is standing trial on 40 charges of corruption involving the extension of contract to Ultra Kirana Sdn Bhd (UKSB) to operate the Foreign Visa System (VLN).
In Kuala Lumpur, Ahmad Zahid is facing 47 charges – 12 for criminal breach of trust (CBT), eight for corruption and 27 for money laundering, involving tens of millions of ringgit belonging to YAB.
The hearing continues before Justice Sequerah on Tuesday (Oct 12).