PUTRAJAYA: The Attorney General's decision to grant a discharge not amounting to an acquittal (DNAA) to Datuk Seri Dr Ahmad Zahid Hamidi over 47 corruption charges involving Yayasan Akalbudi funds is against public interest, the Court of Appeal has been told.
Lawyer Datuk S. Ambiga, who appeared for the Malaysian Bar, submitted the AG's decision was also tainted by illegality, irrationality and unreasonableness due to the failure to specify a time frame for the DNAA's operation.
"The first respondent (the AG) had preferred a total of 47 charges against the second respondent (Ahmad Zahid) in the criminal case.
"He pleaded not guilty to all 47 charges and after 77 days of trial, involving 99 prosecution witnesses and 15 defence witnesses, the first respondent applied for a DNAA," she said here on Wednesday (April 8).
Ambiga was making her submissions in the hearing of the Bar's appeal against the High Court's dismissal of its application for leave to initiate judicial review proceedings challenging the AG's decision to discontinue the prosecution against Ahmad Zahid.
A three-judge panel chaired by Justice Faizah Jamaluddin presided over the appeal.
Also on the panel were Justices Dr Lim Hock Leng and Nadzarin Wok Nordin.
At the outset of the proceedings, the court dismissed a preliminary objection raised by Senior Federal Counsel Ahmad Hanir Hambaly, who appeared for the Attorney General, against the Bar's appeal.
On Dec 2, 2023, the Bar filed the leave application for judicial review and named the AG and the Deputy Prime Minister as respondents.
It claimed that the AG acted ultra vires when applying for Ahmad Zahid's DNAA.
It sought a declaration that the AG's decision was null and void and was made beyond the jurisdiction and authority given to the AG under Article 145(3) of the Federal Constitution and Section 254(1) of the Criminal Procedure Code (CPC).
The Bar also applied for a mandamus order from the court to compel the AG to act according to the law under Section 254A of the CPC by prosecuting Ahmad Zahid again.
On June 27, 2024, the High Court dismissed the Bar's leave application and rejected its bid to refer three constitutional questions over the matter to the Federal Court.
Ahmad Zahid was granted a discharge not amounting to an acquittal (DNAA) for all 47 charges on Sept 4, 2023, after the prosecution informed the court that the AGC wanted to halt the proceedings against Ahmad Zahid to scrutinise new evidence.
The appeal hearing continues on April 15.
