High Court Grants Stay in Bar Council’s Challenge to Ahmad Zahid’s DNAA

KUALA LUMPUR: The High Court has allowed the Attorney-General’s application to stay proceedings in a judicial review brought by the Malaysian Bar challenging the prosecution’s decision to discontinue the corruption case against Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi over the Yayasan Akalbudi funds.

The proceedings will be suspended pending the Federal Court’s decision on an appeal concerning the judicial review.

Lawyer Datuk Guok Ngek Seong, who represents Ahmad Zahid, said Judicial Commissioner Datuk Azizan Md Arshad made the ruling during proceedings held in chambers.

Guok said the stay was granted following developments at the Federal Court. However, the appeal hearing date has yet to be fixed, as the notice of appeal was only filed on Oct 19.

On Oct 8, a three-judge Federal Court panel led by Chief Judge of Malaya Datuk Seri Hashim Hamzah granted Ahmad Zahid and the Attorney-General permission to appeal against the Court of Appeal’s decision allowing the Malaysian Bar to proceed with its judicial review.

The panel ruled that the case raised new constitutional issues of public importance that required clarification and a final determination by the Federal Court.

On May 7, the Court of Appeal had allowed the Malaysian Bar to initiate a judicial review challenging the Attorney-General’s Sept 4, 2023 decision to discontinue proceedings against Ahmad Zahid. The appellate court overturned the High Court’s earlier dismissal of the Bar’s application.

In its judicial review application, the Malaysian Bar is seeking a declaration that the discharge and acquittal of Ahmad Zahid on 47 charges involving criminal breach of trust, corruption and money laundering linked to Yayasan Akalbudi was null and void.

The proceedings were discontinued after the prosecution informed the High Court that the Attorney-General’s Chambers intended to review new evidence. Ahmad Zahid was subsequently granted a discharge not amounting to an acquittal (DNAA).

The latest ruling means the judicial review will remain on hold until the Federal Court resolves the pending appeal.

-AWANI

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