KUALA LUMPUR: The High Court fixed June 14, 2027, for case management of the Malaysian Bar's judicial review application challenging the prosecution's decision to discontinue the Yayasan Akalbudi corruption case involving Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.
Judge S. Indra Nehru on Monday (Oct 12) set the date after lawyer Abhilaash Subramaniam, representing the Malaysian Bar, informed the court that Ahmad Zahid and the Attorney-General (AG) had obtained leave from the Federal Court on Oct 8 to appeal against an earlier Court of Appeal ruling.
"We therefore request that the judicial review hearing at the High Court be held after the Federal Court appeal proceedings are concluded," Abhilaash said during case management.
The court also directed that the next case management be conducted via e-review before a High Court deputy registrar.
Abhilaash also informed the court that no date had been fixed for the substantive appeal hearing, adding that preparations, including compiling the appeal records and exchanging written submissions, could take several months.
Federal counsel Safiyyah Omar, representing the AG, agreed to the proposal, while Ahmad Zahid's lawyer, Datuk Guok Ngek Seong, raised no objection.
On Oct 8, a three-member Federal Court panel led by Chief Judge of Malaya Datuk Seri Hashim Hamzah granted Ahmad Zahid and the AG leave to appeal against the Court of Appeal's decision allowing the Malaysian Bar to initiate judicial review proceedings.
Hashim, sitting with Federal Court judges Datuk Nordin Hassan and Datuk Che Mohd Ruzima Ghazali, ruled that the case raised novel constitutional questions of public importance requiring clarification and a definitive ruling by the Federal Court.
On May 7, the Court of Appeal granted the Malaysian Bar leave to challenge the AG's decision on Sept 4, 2023, to discontinue proceedings against Ahmad Zahid.
The appellate court overturned a June 27, 2024, High Court ruling that had dismissed the Malaysian Bar's application for leave to commence judicial review.
Ahmad Zahid, named as the proposed second respondent in the judicial review, subsequently applied for leave to appeal to the Federal Court on May 25. AG Tan Sri Mohd Dusuki Mokhtar filed a separate application.
In its judicial review application, the Malaysian Bar seeks a High Court declaration that the decision by then High Court judge Datuk Collin Lawrence Sequerah, now a Federal Court judge, to grant Ahmad Zahid a discharge not amounting to an acquittal (DNAA) on 47 charges of criminal breach of trust, corruption and money laundering linked to Yayasan Akalbudi was null and void.
The High Court granted the DNAA after the prosecution informed the court that the AG Chambers intended to discontinue the proceedings to examine new evidence. – Bernama
