The Malaysian Bar has turned to the Court of Appeal to challenge the attorney-general’s decision to withdraw a graft case against Deputy Prime Minister Ahmad Zahid Hamidi.
The legal profession body filed the notice of appeal today against the Kuala Lumpur High Court’s decision to deny leave to commence the judicial review.
According to a copy of the notice of appeal sighted by Malaysiakini, the Bar is dissatisfied with judge Amarjeet Singh’s ruling delivered on June 27.
The legal profession body wanted the High Court to hear the merits of its action which touched on Zahid’s discharge not amounting to an acquittal (DNAA) over a corruption case linked to millions of ringgit from Yayasan Akalbudi.
The legal requirement for leave is to eliminate frivolous or hopeless applications early and to ensure that the matter only proceeds to a substantive hearing if there is a case fit for consideration.
No prima facie evidence
On June 27, Amarjeet ruled that the AG’s power to commence or discontinue criminal proceedings is generally not a matter that the courts can preside on.
The civil court judge said that the AG’s power under Article 145(3) of the Federal Constitution is cloaked with presumption of legality and that the Bar failed to meet this threshold.
Amarjeet was referring to an exception where an applicant could challenge the AG’s constitutional discretion if compelling prima facie evidence is provided.
The civil court also denied the Bar’s application to have the apex court look into several constitutional issues linked to the AG’s power to withdraw the criminal case against Zahid.
On Sept 4 last year, the prosecution applied for a DNAA over the 47 graft charges against Zahid and the criminal court allowed it.
Three months later, the Bar filed the legal challenge over Zahid’s DNAA, stating that it is challenging the AG’s decision to seek the discharge as part of its statutory duty to uphold the cause of justice without fear or favour.
It is understood that the Bar’s notice of appeal has been served on the Attorney-General’s Chambers (AGC), who represented the AG.
Law firm Abhilaash Subramaniam & Co is acting for the Bar. - Mkini
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