PUTRAJAYA: The decision in the appeal filed by the Malaysian Bar in its bid to challenge the prosecution's decision to apply a discharge not amounting to an acquittal (DNAA) in Datuk Seri Dr Ahmad Zahid Hamidi's graft case will be known on May 7.
Senior Federal Counsel Ahmad Hanir Hambaly confirmed the date when contacted on Monday (April 20).
ALSO READ: No evidence that AG acted illegally in Zahid DNAA, court heard
Lawyer Steven Thiru, who represented the Bar, also confirmed the date and said the proceedings will begin at 9am before a three-judge panel of the Court of Appeal chaired by Justice Faizah Jamaludin.
Two other judges on the panel are Justices Dr Lim Hock Leng and Nadzarin Wok Nordin.
On Dec 2, 2023, the Bar filed the leave application for judicial review and named the Attorney General and the Deputy Prime Minister as respondents.
It claimed that the AG acted ultra vires when applying the DNAA for Ahmad Zahid in his Yayasan Akalbudi case.
ALSO READ: DNAA for Zahid over 47 corruption charges against public interest, court told
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 per the law under Section 254A of the CPC by prosecuting Ahmad Zahid again.
ALSO READ: Court rejects Malaysian Bar's judicial review bid to challenge Zahid's DNAA naa
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 DNAA for all 47 charges on Sept 4, 2023, after the prosecution informed the court that the AGC wanted to halt the proceedings against him to scrutinise new evidence.
The Bar then filed the appeal. Submissions for the matter were heard and completed on Wednesday (April 15) at the Court of Appeal.
