From Malay Mail · · 1m 40s
Federal Court allows Zahid, AG to appeal Malaysian Bar’s challenge of DNAA
Malaysian Federal Court grants Zahid and AG leave to appeal Court of Appeal’s decision on Yayasan Akalbudi corruption case.
In brief
Malaysian Federal Court grants Zahid and AG leave to appeal Court of Appeal’s decision on Yayasan Akalbudi corruption case. Federal Court permits Datuk Seri Dr Ahmad Zahid Hamidi and Attorney-General to appeal a ruling that allowed Malaysian Bar to challenge discontinuation of Zahid’s corruption case. Originally…
Federal Court grants appeal leave
Federal Court allows Datuk Seri Dr Ahmad Zahid Hamidi and Attorney-General to appeal Court of Appeal’s decision on Yayasan Akalbudi corruption case.
Case challenges prosecutorial power
The case raises novel constitutional issues concerning the threshold for judicial review when the Attorney-General’s prosecutorial discretion under Article 145(3) of the Federal Constitution is questioned.
Two-step threshold test
The High Court applied a two-step threshold for judicial review while the Court of Appeal used a single-leave test for the Attorney-General’s prosecutorial power.
Legal questions on judicial review
The court allowed four questions of law proposed by Zahid and dismissed one, while both questions proposed by the AG were allowed.
Key legal questions
One question: whether a two-step threshold must be satisfied before judicial review leave can be granted for challenges to the AG’s prosecutorial power under Article 145(3).
Second legal question
Another question: whether judicial review remedies apply against the Public Prosecutor’s application during the subsistence of a DNAA order.
Court of Appeal decision
Court of Appeal granted Malaysian Bar leave to challenge AG’s September 4, 2023 decision to halt proceedings against Zahid.
High Court DNAA order
High Court granted DNAA after prosecution informed court AGC intended to halt proceedings to scrutinise new evidence.
The headline
Federal Court permits Datuk Seri Dr Ahmad Zahid Hamidi and Attorney-General to appeal a ruling that allowed Malaysian Bar to challenge discontinuation of Zahid’s corruption case.
