Attorney General, Zahid Hamidi Granted Leave to Appeal Court of Appeal Ruling on Dropping of 47 Charges
PUTRAJAYA: The Federal Court today granted the Attorney General and Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi leave to appeal a Court of Appeal decision allowing the Malaysian Bar to proceed with a judicial review challenging the prosecution’s decision to discontinue 47 criminal charges linked to Yayasan Akal Budi.
A three-member bench chaired by Datuk Seri Hashim Hamzah unanimously allowed both applications after finding that the case raised novel constitutional questions of public importance requiring clarification and a final determination by the Federal Court.
Hashim said the central issue to be determined concerned the threshold for granting leave for judicial review when the Attorney General’s powers under Article 145(3) of the Federal Constitution are challenged.
He said the threshold must be applied with discipline, caution and strict limitations when it involves the Attorney General’s powers under Article 145(3).
“We are of the view that this case raises novel constitutional questions of public importance that require clarification and a final determination by this court.
“Therefore, the applicants (the Attorney General and Ahmad Zahid Hamidi) have satisfied the threshold for leave applications under Sections 96A and 96B of the Courts of Judicature Act,” he said.
Hashim sat alongside judges Datuk Nordin Hassan and Datuk Che Mohd Ruzima Ghazali.
Previously, the Court of Appeal allowed the Malaysian Bar’s appeal to initiate judicial review proceedings challenging the Attorney General’s decision to discontinue the Yayasan Akal Budi trial involving Ahmad Zahid.
On Sept 4, 2023, the Kuala Lumpur High Court granted Ahmad Zahid a discharge not amounting to an acquittal (DNAA) on all 47 charges after the prosecution informed the court that the Attorney General intended to discontinue the proceedings against him.
However, the Malaysian Bar subsequently filed an application for judicial review to challenge the Attorney General’s decision.
Berita Harian