KUALA LUMPUR (Oct 12): The High Court on Monday fixed June 14 next year for case management over the Malaysian Bar’s legal challenge against the Attorney General’s decision to drop its investigation against Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi in the Yayasan Akalbudi case.

The High Court decision, made earlier this year, classified the probe as no further action (NFA).

Malaysian Bar counsel Abhilash Subramaniam told judge S Indra Nehru about last week's Federal Court decision and asked for a later date for the hearing on whether the Bar should be granted leave to bring its challenge. 

He said the delay would allow the court to wait for the outcome of the appeal by the AG's Chambers and Ahmad Zahid in the Federal Court.

The Bar requested that the matter be fixed via online before a High Court deputy registrar.

Following that, Indra Nehru fixed June 14 for the case management.

The AG Chambers were represented by Federal Counsel Safiyyah Omar and Imtiyaz Wizni Aufa, while counsel Datuk Guok Ngek Seong, Datuk Hamidi Md Noh, Atiqa Nazihah Azmi and Nur Khairunnisa Sabirah Abdul Manan appeared for Ahmad Zahid.

Counsel Hamidi, when contacted by The Edge, confirmed Monday’s outcome.

On Oct 8, a three-member Federal Court bench led by Chief Judge of Malaya Datuk Seri Hashim Hamzah granted  Ahmad Zahid and the AG Chambers to challenge the Court of Appeal's decision earlier this year to allow the merits of the Bar’s challenge over the discharge not amounting to acquittal (DNAA) given to the Umno president and the NFA.

The apex court will now hear two questions of law by the AG Chambers and four questions by Ahmad Zahid’s legal team to be decided to challenge the appellate court decision.

In May, a three-member Court of Appeal bench unanimously allowed the Malaysian Bar to proceed with its challenge over the High Court’s refusal to grant leave in its first judicial review to challenge Ahmad Zahid’s DNAA. 

The appellate bench, led by judge Datuk Faizah Jamaludin, ruled that the Malaysian Bar’s application was not frivolous or 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 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 case is rare and exceptional.

The Bar's challenge stems from the AGC discontinuing the prosecution of Ahmad Zahid on 47 charges of corruption, criminal breach of trust and money laundering at the defence stage in September 2023 over the Yayasan Akalbudi case.

The presiding High Court judge, Datuk Collin Lawrence Sequerah (now Federal Court judge), granted an application by the prosecution, led by Deputy Public Prosecutor (DPP) Datuk Mohd Dusuki Mokhtar, for a DNAA in the Yayasan Akalbudi case.

A DNAA means that prosecutors can reinitiate the case.  

However, on Jan 12 this year, AG Tan Sri Mohd Dusuki Mokhtar said Ahmad Zahid's case would not be revisited and classified it as NFA.

“No further action, we will not have any other action. Cannot be charged again, already settled once and for all,” he said.

The Malaysian Bar subsequently filed for a judicial review at the High Court to challenge the decision in April this year, which is now fixed before Indra Nehru.

Meanwhile, Ahmad Zahid had filed a separate application at the High Court (criminal division) seeking a full acquittal of the 47 Yayasan Akalbudi case, which is still pending following the challenge by the Bar.

Read also:
Zahid, AGC get nod to challenge appellate decision allowing Bar’s challenge on Zahid’s NFA
‘No further action’ for Zahid’s Yayasan Akalbudi case was not made on a whim, case closed, says AG
Malaysian Bar files fresh judicial review to challenge AG’s no-further-action decision in Zahid’s trial