KUALA LUMPUR (Jan 10): Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi said that civil courts should not entertain matters pertaining to a court exercising its criminal jurisdiction, in his bid to strike out the Malaysian Bar’s application to file a judicial review against the attorney general (AG) over a discharge not amounting to acquittal (DNAA) granted to him.
In his affidavit in support filed on Jan 4 by Messrs Shahrul Hamidi & Haziq that was sighted by The Edge, Ahmad Zahid said the decision to grant the DNAA was not a decision by the attorney general alone, who has been named as a respondent, but also a decision and an order by the High Court.
“Hence, I have been advised by my solicitors and I verily believe that the applicant (the Malaysian Bar) has misconceived itself in filing the application for leave to commence a judicial review against the AG,” he said.
“The matter raised or [the] reliefs sought by the Bar in the present application is also academic in nature,” he added.
Ahmad Zahid further argued that the Malaysian Bar has no locus standi (legal standing) to file for leave to commence judicial review, as it was neither the complainant nor a victim of the criminal charges that were proffered against him.
“Therefore, the Bar has failed to fulfil the elementary requirement under Order 53 Rule 2(4) of the Rules of Court 2012 (being the aggrieved party) and other provisions of the law for the court to grant leave.
“The applicant (Malaysian Bar) is a busybody in this case. Only a party who is adversely or gravely affected by the decision of the public prosecutor in this case may apply for leave to file [a] judicial review in this case. This was obviously not the case with the applicant in the present case,” he said, adding that on this basis alone, the High Court has the power to dismiss the Malaysian Bar’s application.
Hearing for leave on Thursday
The hearing for leave for judicial review is scheduled before High Court judge Datuk Amarjeet Singh on Thursday (Jan 11), following the Malaysian Bar’s application on Dec 2 to file the judicial review, in which it named the attorney general and Ahmad Zahid as respondents.
The Bar is seeking an order to annul the AG’s decision and a declaration that it is null and void, asserting that the decision exceeded the jurisdiction and authority granted to the attorney general.
It also wants a mandamus order instructing the attorney general to act in accordance with the law, including prosecuting Ahmad Zahid again if deemed appropriate, as per Section 254A of the Criminal Procedure Code.
The Malaysian Bar is also seeking an order to compel the AG to provide information and documentation justifying the decision to apply for a DNAA against Ahmad Zahid.
Ahmad Zahid further added that the Malaysian Bar’s action of filing the application is being irresponsible, selective and biased.
According to the deputy prime minister, the Bar is attempting to portray an image of being the champions of justice to the Malaysian public by questioning the decision of the attorney general and the court in granting a DNAA in criminal charges involving in his case.
He cited past cases in which the Malaysian Bar did not react to the DNAA given, which included Rafizi Ramli, Lim Guan Eng, the late activist Haris Ibrahim and Datuk Mohd Tamrin Tun Abdul Ghafar.
For these reasons, Ahmad Zahid sought the High Court to dismiss the Malaysian Bar’s judicial review application.
Ahmad Zahid was given a DNAA by judge Datuk Collin Lawrence Sequerah on Sept 4 last year, for 47 charges related to criminal breach of trust, corruption and money laundering involving Yayasan Akalbudi funds, after the prosecution informed that the Attorney General’s Chambers sought to halt proceedings against Zahid to scrutinise new evidence.