Malaysian Bar files appeal over dismissal challenge in Zahid's Yayasan Akalbudi case

KUALA LUMPUR: The Malaysian Bar has filed a notice of appeal against the High Court's dismissal of its legal challenge on Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi's discharge in the Yayasan Akalbudi graft case.

The notice was filed via the Bar’s solicitors from Messrs Abhilaash Subramaniam & Co at the Court of Appeal on Tuesday (July 23).

It named the Attorney General and Ahmad Zahid as the first and second respondents.

In the notice, it stated that the Bar was unsatisfied with the decision by High Court judge Justice Amarjeet Singh dated June 27 and therefore it was appealing against the entirety of the decision that dismissed its application for leave to commence a judicial review.

Lawyer Datuk Hisyam Teh Poh Teik confirmed to the press that he had received a copy of the Bar’s notice of appeal.

On June 27, the High Court dismissed the Bar's leave application in its bid to challenge the Attorney General's decision that halted prosecution against Ahmad Zahid.

Justice Amarjeet Singh, in his decision, said the Bar did not fulfill the threshold required for leave to be granted.

The court also dismissed the Bar's application to refer three constitutional questions to the Federal Court.

It ordered RM10,000 in costs, to be paid by the Bar.

On Dec 2 last year, the Bar filed the application for leave and named the AG and Ahmad Zahid as the first and second respondents, respectively.

It sought relief from the court for an order of certiorari to remove and quash the AG's decision on Sept 4, last year to apply for a discharge not amounting to an acquittal (DNAA) in Ahmad Zahid's case, and a declaration that the Sept 4 decision was null and void and made in excess of the jurisdiction granted to the AG.

On Sept 4, 2023, the High Court granted Ahmad Zahid a DNAA for 47 charges related to criminal breach of trust, corruption and money laundering involving Yayasan Akalbudi funds, after the prosecution informed that the AG wanted to halt the proceedings against Ahmad Zahid to scrutinise new evidence.