THE Kuala Lumpur High Court today upheld the discharge not amounting to acquittal (DNAA) for Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi in his high-profile graft case. This decision came as the court denied the Malaysian Bar leave to proceed with a judicial review.
The Bar sought to challenge Attorney General’s (AG) decision to withdraw the corruption charges related to millions of ringgit from Yayasan Akalbudi.
However, the High Court ruled that the civil court will not hear oral submissions on the merits of the judicial review.
Civil court judge Amarjeet Singh noted that the leave requirement is designed to filter out frivolous or hopeless applications early on, ensuring that only cases fit for substantive hearing proceed. The judge further ordered the Bar to pay RM10,000 in costs to the AG, one of the respondents in the matter, along with Zahid.
Moreover, Amarjeet stated that the AG’s power to commence or discontinue criminal proceedings as outlined in Article 145(3) of the Federal Constitution is typically beyond judicial scrutiny.
The presumption of legality cloaking the AG’s discretion was not sufficiently challenged by the Bar, according to the judge.
The judge referenced an exception wherein an applicant could challenge the AG’s constitutional discretion if compelling prima facie evidence is presented, which the Bar failed to meet.
Additionally, the court denied the Bar’s request to have the apex court review several constitutional issues related to the AG’s power to withdraw the criminal case against Zahid.
The prosecution initially applied for a discharge not amounting to an acquittal (DNAA) over the 47 graft charges against Zahid on Sept 4, 2023, which the criminal court granted.
Three months later, the Malaysian Bar filed a legal challenge against this DNAA, asserting its duty to uphold justice without fear or favour.
Former Malaysian Bar president Steven Thiru represented the Bar, while senior federal counsel Shamsul Bolhassan and lawyer Datuk Hisyam Teh Poh Teik represented the AG and Zahid, respectively. – June 27, 2024
Main photo credit: The Edge Markets
