THE Malaysian Bar failed to initiate a judicial review to challenge Datuk Seri Ahmad Zahid Hamidi's discharge not amounting to an acquittal (DNAA) in the Yayasan Akal Budi corruption case.
The decision was delivered by High Court judge Datuk Amarjeet Singh Serjit Singh, who held that the Bar did not fulfil the threshold requirement under Section 96 of the Courts of Judicature Act (CJA) for a judicial review.
The Bar Council, in an application filed on December 2 last year, named the attorney-general (AG) and the deputy prime minister as respondents in its application for the DNAA to be rescinded.
The Bar said the AG’s decision was “unreasonable and tainted with irrationality”, and sought a mandamus order to compel the AG to disclose all information it had relied on and the basis of his decision to seek the conditional discharge.
The Kuala Lumpur High Court also dismissed the Bar's application, filed under Article 128(2) of the Federal Constitution, read with Section 84 of the CJA, to refer several constitutional questions to the apex court for determination.
Senior federal counsels Ahmad Hanir Hambaly and Shamsul Bolhassan appeared for the AGC while Datuk Hisyam Teh Poh Teik, Hamidi Mohd Noh and Guok Ngek Seong represented Zahid.
Former Malaysian Bar president Steven Thiru and Abhilaash Subramaniam were the lawyers for the Malaysian Bar.
Amarjeet ordered the Bar to pay RM10,000 in costs to the AG, who is one of the respondents named in the case. The other respondent is Zahid.
In September last year, Zahid was granted a DNAA on all 47 of his corruption, criminal breach of trust and money-laundering charges.
The Kuala Lumpur High Court granted the DNAA sought by deputy public prosecutor Datuk Mohd Dusuki Mokhtar.
When a court grants a DNAA, it means that the accused is discharged from the current charges without being acquitted of them.
The case is put on hold or suspended, but the prosecution has the option to refile the charges or reinstate the case at a later time if new evidence or circumstances warrant it. – June 27, 2024
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