PUTRAJAYA (July 8): The Federal Court on Wednesday fixed Oct 8 to hear Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi’s application for leave or permission to appeal, in his bid to halt a full judicial review challenging the withdrawal of his criminal charges.
Zahid is seeking to stop the High Court from hearing the merits of a lawsuit brought by the Malaysian Bar, which is challenging the Attorney General's Chamber's (AGC) decision in 2023 to drop all 47 graft, criminal breach of trust, and money laundering charges against him
The hearing date was fixed by the Federal Court’s senior assistant registrar Rahimah Rahim, following case management on Wednesday. Atiqa Nazihah Azmi of Messrs Shahrul Hamidi & Haziq appeared for Zahid, while Abhilash Subramaniam of Messrs Abhilaash Subramaniam & Co appeared for the Malaysian Bar, and federal counsel Imtiyaz Wizni Aufa Othman represented the AGC.
Another case management session has been scheduled for Sept 24 to ensure all relevant documents are submitted ahead of the Oct 8 hearing.
The hearing date was confirmed by Datuk Hamidi Md Noh of Messrs Shahrul Hamidi Noh, and senior federal counsel Ahmad Hanir Hambaly @ Arwi who appeared for the case at the Court of Appeal.
Background of the challenge
Last May, a three-member Court of Appeal bench unanimously allowed the Malaysian Bar to proceed with its full judicial review challenge.
The appellate bench, led by judge Datuk Faizah Jamaluddin, ruled that the Malaysian Bar’s application was not frivolous nor vexatious. Sitting alongside judges Datuk Dr Lim Hock Leng and Datuk Nadzarin Wok Nordin, Faizah declared that the case — which saw the AGC granting Zahid a discharge not amounting to an acquittal (DNAA) — raised serious arguable issues that warranted a full hearing, sending the matter back to the High Court.
While acknowledging that the legal threshold to challenge prosecutorial discretion is exceptionally high, the appellate court ruled that this specific case is rare and exceptional.
Faizah also said the legal challenge brought by the Malaysian Bar is not a collateral attack on the criminal court that presided over the case, but rather a legitimate challenge focusing on the legality and rationality of the AG's decision in requesting for a DNAA for Zahid after his defence had already been called.