KUALA LUMPUR: Datuk Seri Dr Ahmad Zahid Hamidi has filed an application with the Federal Court seeking leave to appeal a recent Court of Appeal ruling, which had allowed the Malaysian Bar to challenge the prosecution's decision to halt all further proceedings against him in the Yayasan Akalbudi corruption case.
The deputy prime minister submitted five questions of law in support of his leave application to appeal pursuant to Section 96 of the Courts of Judicature Act 1964.
The matter was confirmed by his counsel, Datuk Hamidi Mohd Noh, following proceedings conducted via e-Review before senior assistant registrar Faten Nuradilla Jamil.
"The court has set June 9 for further case management. We have informed the court that we filed a motion for leave to appeal to the Federal Court on Monday (May 25), regarding the leave granted by the Court of Appeal.
"The Attorney General’s Chambers (AGC) also informed the court that it will be filing an appeal against the Court of Appeal’s decision and will be submitting an application to stay proceedings at the High Court,” he said.
On May 7, the Court of Appeal allowed the Malaysian Bar’s application to challenge the AG’s decision on Sept 4, 2023, to halt proceedings against Ahmad Zahid, ruling that the application was not frivolous and raised arguable points of law that warranted a full hearing.
The court also granted leave for the Bar to commence judicial review against the Attorney General’s impugned decision, thereby setting aside the KL High Court’s decision dated June 27, 2024.
The KL High Court had dismissed the Malaysian Bar’s application for leave to initiate judicial review proceedings, ruling that the application failed to meet the requisite threshold for judicial review. The Bar subsequently filed the present appeal.
The Bar is also seeking a declaration from the court that the decision made by then-High Court Judge Datuk Collin Lawrence Sequerah, who is now a Federal Court judge, to grant Ahmad Zahid a discharge not amounting to acquittal (DNAA) on 47 criminal breach of trust, corruption and money laundering charges related to the Yayasan Akalbudi funds is null and void.
The High Court arrived at its decision to grant the DNAA after the prosecution informed it that the AGC intended to halt proceedings against Ahmad Zahid in order to scrutinise new evidence. – Bernama
