[UPDATED] Malaysian Bar seeks judicial review to quash Zahid’s DNAA for graft charges

KUALA LUMPUR – The Malaysian Bar has filed a judicial review application over Deputy Prime Minister Datuk Ahmad Zahid Hamidi’s discharge not amounting to an acquittal (DNAA) on his corruption case involving Yayasan Akalbudi funds.

Malaysian Bar president Karen Cheah Yee Lynn confirmed that the application has been filed at the high court here, and unsealed copies of the application including requisite statements and supporting affidavits were served to the Attorney-General (AG) earlier today.

She said that the relief sought by the legal body in the judicial review is a certiorari to quash the AG decision in applying for DNAA on Zahid’s graft charges on September 4 this year.

The Bar Council is seeking a declaration that the AG’s decision in applying for DNAA is unreasonable and tainted with irrationality, as well as null and void, or made in excess of the jurisdiction and powers under Article 145(3) of the Federal Constitution, and Section 254(1) of the Criminal Procedure Code.

The council also sought to be granted access to all matters and documents filed in court, including court recordings, orders and judgement.

“We are (also) seeking access to the representation letters sent by Zahid to AG’s Chambers (AGC) and a mandamus directing the AG to furnish the Malaysian Bar with information, documentation, reasons, basis and particulars relied upon in deciding to apply for the DNAA.

“Malaysian Bar seeks a mandamus directing the AG to provide, at regular intervals, with all information, documents, reasons, basis and particulars pertaining to the status of ongoing further investigations on Zahid, which formed AG’s decision to apply the DNAA including any decision from the Chambers to recharge, continue trial or discontinue investigation against Zahid,” said the statement.

A mandamus is an order from court to government officials in ordering the latter to properly fulfil their official duties or correct an abuse of discretion.

The Malaysian Bar president said the decision to file the judicial review is taken after considering, at length, of the facts and circumstances of Zahid’s case, as well as its part of statutory duty to uphold the cause of justice, uninfluenced by fear and favour.

Zahid, is currently facing 47 corruption charges related to Yayasan Akalbudi, where he was already ordered to enter his defence against all charges in January 24 last year.

The 68-year-old Bagan Datuk MP is facing 12 criminal breach of trust (CBT) charges, eight bribery charges, as well as 27 counts of money laundering involving Yayasan Akalbudi funds in the millions of ringgit. 

Earlier this year, Zahid sent a 200-page representation letter to the AGC, where he claimed there was new evidence relating to the case.

On September 4, the AGC, through deputy public prosecutor Datuk Mohd Dusuki Mokhtar informed the High Court that the AGC accepted the representation letter and applied for a DNAA on Zahid’s charges.

Cheah said, in the Malaysian Bar’s concerted views, the AG’s discretionary powers under Article 145(3) of the federal constitution is not absolute.

“(Therefore), it should be restricted in its scope and limit, exercised in a justiciable manner as determined by the Courts under its revisionary powers and inherent jurisdiction, in accordance with the law.

“Zahid’s case holds national and public interest as it involves grave accusations of criminal breach of trust, bribery and money laundering against an individual in power and authority (at the time he was charged).

“We cannot emphasise enough the importance of judicial review process, where it specifically designed to challenged decisions, actions or omission of public bodies in the event that checks and balance of the executive and legislative are required, and where the basic structure of our federal constitution is called into question for proper interpretation, in the interest of our democracy,” she added. – December 4, 2023