KUALA LUMPUR: Deputy prime minister Ahmad Zahid Hamidi is to oppose the Malaysian Bar’s filing for a judicial review of his discharge not amounting to an acquittal (DNAA) in his Yayasan Akalbudi case in September, his lawyer said.
Counsel Guok Ngek Seong said the legal papers will be filed before Jan 11, when the High Court is scheduled to hear whether the attorney-general (AG) will also oppose the Bar.
“Zahid will come in to oppose the Bar’s ex-parte application to obtain leave on Jan 11,” he told FMT.
Under the Rules of the Court 2012, the AG, as guardian of public interest, can appear in court to oppose an ex-parte application for leave on grounds of lack of legal standing, or if the application is frivolous and vexatious.
Judicial review applications are filed to challenge the decision-making process of the authorities when it is believed they have breached the rules of natural justice, written law or the Federal Constitution.
In a media statement on Dec 4, Bar president Karen Cheah said the legal body is seeking an order to quash the AG’s Sept 4 decision on Zahid’s application for a DNAA.
The Bar also wants the High Court to declare that the AG’s decision is null and void, and that it overstepped its authority under Article 145(3) of the constitution and Section 254(1) of the Criminal Procedure Code.
“Having considered at length the facts and circumstances of Zahid’s case, the Bar has taken this legal recourse as part of its statutory duty to uphold the cause of justice, uninfluenced by fear or favour.
“It is the Bar’s concerted view that the AG’s discretionary powers under Article 145(3) of the Federal Constitution are not absolute and should be restricted in their scope, exercised in a justiciable manner as determined by the courts under its revisionary powers and inherent jurisdiction by the law,” she said in a statement.
In September, the Kuala Lumpur High Court granted Zahid a DNAA for all 47 corruption, criminal breach of trust and money laundering charges in his Yayasan Akalbudi case.
The Bar contends that the AG’s decision was “unreasonable and tainted with irrationality”, and wants an order for the AG to give the Bar all the information and basis it relied on in deciding to grant the conditional discharge.
This includes the letters of representation Zahid submitted to the AG.
It is also seeking an order for the AG to provide the Bar with information on the status of further investigations into Zahid’s case, including any decision to file fresh charges, continue the trial, or drop the investigations.
It also wants to have access to all court matters and documents related to the case. - FMT
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