KUALA LUMPUR – The Malaysian Bar has filed a notice of appeal over a high court decision that dismissed its 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.
The notice was filed at the Court of Appeal yesterday through Messrs Abhilaash Subramaniam & Co.
Lawyer Datuk Hisyam Teh Poh Teik, representing Zahid, when contacted, confirmed the matter, saying that he had received a copy of the appeal notice yesterday.
On June 27, high court judge Datuk Amarjeet Singh, in dismissing the Bar’s leave application, also rejected its bid to refer three constitutional questions over the matter to the Federal Court.
On September 4, last year, Zahid was granted a discharge not amounting to an acquittal (DNAA) for all 47 charges after the prosecution informed the court that the Attorney-General’s Chambers wanted to halt the proceedings against Zahid to scrutinise new evidence.
The leave application filed by the Malaysian Bar on December 2 last year named the AG and the deputy prime minister as respondents.
It sought a declaration that the decision was null and void in addition to being 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.
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 Criminal Procedure Code by prosecuting Zahid again.
It claimed that the attorney-general acted ultra vires when applying the DNAA for Zahid. – July 24, 2024