KUALA LUMPUR (July 9): The Malaysian Bar's legal bid to challenge Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi's discharge not amounting to an acquittal (DNAA) in one of his criminal cases has been put on hold until Zahid exhausts all avenues in a related appeal.
High Court judge Alice Loke Yee Ching granted the adjournment following a brief proceeding on Thursday.
Apologising to the court, senior federal counsel Ahmad Hanir Hambaly @ Arwi sought an adjournment, stressing that the appeal at the apex court will deal with the test for a judicial review touching on matters of prosecutorial discretion.
Datuk Ambiga Sreenevasan, leading the team of lawyers representing the Bar, said that she shared the same view and had no objections to the adjournment.
The related appeal is Zahid's leave application to the apex court against the Court of Appeal (COA)'s decision last May. The leave application is set to be heard on Oct 8.
A case management for the High Court case is set for Oct 12.
The Bar initiated a judicial review against the Attorney General's Chambers' decision in 2023 to drop all 47 graft, criminal breach of trust, and money laundering charges against Zahid in the Yayasan Akalbudi graft case. The Bar has also named Zahid as the other respondent.
In a decision that drew brickbats from many quarters, the prosecution had informed the court of their intention to discontinue and drop all charges against Zahid, even though his defence had already been called.
Trial judge Datuk Collin Lawrence Sequerah handed down a DNAA to the Umno president, as opposed to the defence’s request for a full acquittal, meaning that Zahid can still be charged with the same charges in the future.
In June 2024, then-High Court judge Datuk Amarjeet Singh dismissed the Bar's leave application on the grounds that the Bar did not meet the threshold for a review.
The now-appellate court judge added that the exercise of the AG’s power under Section 145(3) of the Federal Constitution is cloaked with the presumption of legality.
However, upon a successful appeal by the Bar back in May, the COA reverted the matter back to the High Court for its full merits to be heard.
COA judges Datuk Faizah Jamaludin, Datuk Dr Lim Hock Leng, and Datuk Nadzarin Wok Nordin said that while the threshold for judicial review for prosecutorial discretion is high, this was a case which warranted a judicial review.
In judicial review cases, applicants must first obtain leave (permission) from the court before proceeding with the matter, to eliminate frivolous cases.