PUTRAJAYA: The decision for 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.
Lawyer Steven Thiru, who represented the Bar, also confirmed the date and said the proceedings will begin at 9am before a three-judge panel chaired by Justice Faizah Jamaludin.
The 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 Attorney General had acted ultra vires when he applied the DNAA for Ahmad Zahid in his Yayasan Akalbudi case. It sought a declaration that the Attorney General’s decision was null and void, and was made beyond the jurisdiction and authority given to the Attorney General 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 Attorney General to act per 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 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 Bar then filed the appeal.
Submissions for the matter were heard and completed on April 15 at the Court of Appeal.
