The High Court postpones the Malaysian Bar’s judicial review hearing to await the Federal Court’s decision on Zahid and the AG’s appeals.
KUALA LUMPUR: The Malaysian Bar’s application to challenge the discontinuation of the Yayasan Akalbudi corruption case against Datuk Seri Dr Ahmad Zahid Hamidi, which was scheduled for hearing at the High Court today, has been postponed.
Judge Alice Loke Yee Ching granted the adjournment after the lead counsel for the Malaysian Bar, Datuk Ambiga Sreenevasan, informed the court that the Federal Court had fixed Oct 8 to hear the applications by Ahmad Zahid and the Attorney-General (AG) for leave to appeal against a decision made by the Court of Appeal on May 7 this year.
“We ought to wait until the legal application has been disposed of before proceeding with this application. Therefore, we are seeking an adjournment of today’s proceedings,” said Ambiga.
Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi, representing the AG, said the prosecution had no objection to the adjournment, noting that the Federal Court proceedings would determine the applicable test for judicial review in matters involving prosecutorial discretion.
The court then fixed Oct 12 for case management to update the outcome of the Federal Court proceedings.
On May 7, the Court of Appeal granted the Malaysian Bar leave to commence a judicial review to challenge the AG’s decision on Sept 4, 2023, to halt proceedings against the Deputy Prime Minister.
The Court of Appeal had overturned the High Court’s decision on June 27, 2024, which had earlier rejected the Malaysian Bar’s application for leave to initiate the judicial review.
Ahmad Zahid, who is the second proposed respondent in the judicial review proceedings, subsequently filed an application on May 25 this year seeking leave to appeal to the Federal Court.
He raised five questions of law in support of his application, pursuant to Section 96 of the Courts of Judicature Act 1964.
AG Tan Sri Mohd Dusuki Mokhtar filed a separate leave application, raising two questions of law which he described as important legal issues concerning the prosecutorial discretionary power under Article 145(3) of the Federal Constitution.
The AG has also sought a stay of all High Court proceedings pending the disposal of the appeal.
The Malaysian Bar is seeking a High Court declaration to nullify the discharge not amounting to an acquittal (DNAA) granted to Ahmad Zahid by then Judge Datuk Collin Lawrence Sequerah (now a Federal Court judge) on 47 charges of criminal breach of trust, corruption, and money laundering linked to the Yayasan Akalbudi funds.
The High Court had granted the DNAA after the prosecution informed that the AGC intended to halt proceedings against Zahid to facilitate scrutiny of new evidence.
