KUALA LUMPUR, Sept 19 — The High Court should reject parts of testimony from Datuk Seri Ahmad Zahid Hamidi’s press secretary, Maj Gen (Rtd) Datuk Fadzlette Othman Merican Idris Merican, attacking the credibility of a key witness in a trial against the former deputy prime minister, the prosecution said today.
Today was scheduled to be Fadzlette Othman Merican’s turn to testify as the second defence witness for Ahmad Zahid’s trial involving 47 charges, including alleged criminal breach of trust over RM31 million of charity Yayasan Akalbudi’s funds, money-laundering, and alleged accepting of RM21.25 million in bribes.
Fadzlette’s written witness statement was not physically read out in court today, but was deemed or taken as read.
Lead prosecutor Datuk Raja Rozela Raja Toran objected, however, to several paragraphs of the statement, saying these were irrelevant to the charges against Ahmad Zahid and should not be accepted by the High Court as evidence.
“It should not be let alone, it should be excluded on the grounds of it being irrelevant and inadmissible because of collateral facts,” she said.
The parts of Fadzlette’s testimony — against which the prosecution objected — had tried to attack the credibility and to discredit Major Mazlina Mazlan @ Ramly.
Ahmad Zahid’s former executive secretary Mazlina was a star witness for the prosecution as its 90th witness, but Ahmad Zahid and his lawyers have consistently tried to pin the blame on her for the use of Yayasan Akalbudi’s cheques for purposes such as paying the credit card bills for Ahmad Zahid and his wife.
Raja Rozela today pointed out that Mazlina’s credibility as a witness is not the main issue in Ahmad Zahid’s trial, as the main issues should revolve around the charges against Ahmad Zahid.
Raja Rozela said the High Court has the power to control how much evidence are introduced through witnesses’ statements, as long as the statements are relevant to the main issues in the trial.
“The statements must be relevant to the facts, whether the facts in issue or facts relevant to the facts in issue in this case.
“What this witness is here today to read out — the statement — it is definitely in my humble submission, it is merely a collateral, secondary issue, a secondary fact which has no bearing whatsoever to the facts in issue,” she said, arguing that the disputed parts of Fadzlette’s testimony regarding Mazlina would not help the High Court in deciding on the facts in issue or the charges against Ahmad Zahid.
“So, with that My Lord, the statements in Paragraph 16 to 30, whether it applies to or makes reference to Major Mazlina, must be ruled as inadmissible on grounds of it being collateral evidence, My Lord,” she said.
Ahmad Zahid’s lead defence lawyer, Datuk Hisyam Teh Poh Teik, then requested for time to prepare a response to the prosecution’s objection to parts of Fadzlette’s written witness statement as the defence was not given earlier notice of the objection, suggesting that he could return tomorrow morning to present the arguments.
However, Raja Rozela said the prosecution is not required to give any notice as this was not a preliminary objection, adding: “I think the defence in all their wisdom should have anticipated this kind of our objection, this is an evidentiary rule, it’s very clear, it’s nothing new, it’s not something that we made up.”
Raja Rozela said the prosecution will also be objecting to witness statements by four other upcoming defence witnesses which mention Mazlina.
As Hisyam indicated the need for time the rest of the day to prepare for the response, High Court judge Datuk Collin Lawrence Sequerah then decided to have the trial continue tomorrow.
“I think under the circumstances, we will give the defence time to research, so, I will hear the submissions in reply tomorrow morning,” the judge said.
https://www.malaymail.com/news/malaysia/2022/09/19/prosecution-objects-to-irrelevant-testimony-of-zahids-aide-about-star-witness-in-rm31m-cbt-trial/28938
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