The Kuala Lumpur High Court has stayed the Malaysian Bar’s judicial review challenging the Attorney-General’s decision to discontinue the corruption case against Umno president Datuk Seri Ahmad Zahid Hamidi.
Justice Azizan Arshad granted the Attorney-General’s application for an interim stay in chambers on 21 October. All High Court proceedings in the challenge are now on hold until the Federal Court disposes of the appeal brought by the Attorney-General and Zahid.
Earlier this month, the Federal Court granted the Attorney-General and Zahid leave to appeal against the Court of Appeal decision that allowed the Bar’s challenge to go ahead, finding that they had met the threshold under Section 96 of the Courts of Judicature Act 1964. The notice of appeal was filed on 19 October.
The central question in the appeal is whether the Attorney-General’s prosecutorial discretion under Article 145(3) of the Federal Constitution can be challenged by way of judicial review.
In September 2023, the Kuala Lumpur High Court granted Zahid a discharge not amounting to an acquittal on all 47 charges of criminal breach of trust, corruption and money laundering involving funds of the charitable foundation Yayasan Akalbudi. This followed an application by the prosecution to discontinue the case, even though a prima facie case had been established.
The High Court initially refused the Bar leave to bring its challenge. The Court of Appeal later unanimously reversed that refusal, holding that the Bar was challenging the Attorney-General’s decision to halt the trial rather than the court’s discharge order.
Safiyyah Omar and Imtiyaz Wizni Aufa Othman appeared for the Attorney-General, S. Abhilaash for the Malaysian Bar and Guok Ngek Seong for Zahid. The Federal Court has yet to fix a hearing date.
This article is general information, not legal advice. For advice on your own situation, speak to a lawyer.