KUALA LUMPUR – The high court today rejected the Malaysian Bar’s application for leave to initiate a judicial review to challenge the attorney-general’s (AG) decision to halt proceedings against Datuk Seri Ahmad Zahid Hamidi in his Yayasan Akalbudi corruption case.
Judge Datuk Amarjeet Singh also dismissed the Bar’s bid to refer three constitutional questions over the same matter to the Federal Court.
He ruled that the Bar did not fulfil the threshold requirement under Section 96 of the Courts of Judicature Act so leave could not be granted to Bar.
“Furthermore, the subject matter is not amenable to judicial review. The AG has no duty to furnish the documents (on Zahid’s investigations) to the Bar,” he said and ordered the Bar to pay RM10,000 as cost to the AG.
In the application, the Bar, on December 2 last year, named the AG and the deputy prime minister as respondents.
It sought relief from the court for a certiorari order to remove and quash the AG’s decision on September 4 last year to apply for a discharging not amounting to an acquittal (DNAA) in Zahid’s 47 charges related to criminal breach of trust, corruption and money laundering involving Yayasan Akalbudi funds.
It also wanted a court declaration that the September 4 decision by the high court judge Datuk Collin Lawrence Sequerah (who is now a Court of Appeal judge) was null and void and made in excess of the jurisdiction granted to the AG.
Zahid was granted a DNAA for all 47 charges after the prosecution informed that the Attorney-General’s Chambers wanted to halt the proceedings against him to scrutinise new evidence.
Counsel Steven Thiru and senior federal counsel Shamsul Bolhassan acted for the Malaysian Bar and AG respectively, while lawyer Datuk Hisyam Teh appeared for Zahid. – June 27, 2024