Bar’s Challenge to Zahid’s DNAA Postponed to October

KUALA LUMPUR, July 9 — The High Court today postponed the hearing of the Malaysian Bar’s legal challenge against the discontinuation of the multi-million ringgit Yayasan Akalbudi corruption case involving Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.

High Court Judge Alice Loke Yee Ching granted the adjournment after the lead counsel for the Malaysian Bar, Datuk Ambiga Sreenevasan, informed the court that the Federal Court had scheduled October 8 to hear separate applications filed by Ahmad Zahid and the Attorney-General (AG). Both parties are seeking leave to appeal against an earlier Court of Appeal decision delivered on May 7 this year, which granted the Bar permission to proceed with its challenge.

“We ought to wait until the legal application has been disposed of before proceeding with this application. Therefore, we are seeking an adjournment of today’s proceedings,” Ambiga said.

Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi, appearing on behalf of the AG, raised no objection to the postponement. He noted that the impending apex court proceedings are crucial as they will determine the definitive legal benchmarks and applicable tests for judicial reviews concerning prosecutorial discretion. Following the consensus, Judge Alice scheduled October 12 for case management to update the High Court on the outcome of the Federal Court ruling.

The complex legal dispute traces back to May 7, when the Court of Appeal overturned an initial High Court ruling from June 27, 2024, which had dismissed the Malaysian Bar’s application. The appellate court’s decision effectively gave the Bar the green light to initiate a judicial review contesting the AG’s September 4, 2023 choice to halt the trial against the Deputy Prime Minister.

Following that appellate setback, Ahmad Zahid, listed as the second proposed respondent, filed his leave application on May 25 to escalate the matter to the Federal Court, raising five distinct questions of law under Section 96 of the Courts of Judicature Act 1964. Concurrently, Attorney-General Tan Sri Mohd Dusuki Mokhtar submitted a separate application raising two key legal questions regarding the absolute scope of prosecutorial discretionary powers under Article 145(3) of the Federal Constitution, while also requesting a temporary stay on all High Court proceedings.

The Malaysian Bar’s ultimate objective in the judicial review is to secure a High Court declaration nullifying the discharge not amounting to an acquittal (DNAA) granted to Ahmad Zahid by then-High Court Judge Datuk Collin Lawrence Sequerah. The Deputy Prime Minister had initially faced 47 criminal charges encompassing corruption, money laundering, and criminal breach of trust involving funds from the charity foundation Yayasan Akalbudi. The criminal court originally granted the DNAA after the prosecution requested a pause to thoroughly inspect fresh evidence.

-NMT