KUALA LUMPUR: The Malaysian Bar wants the Federal Court to hear a challenge to the constitutionality of the attorney-general’s decision to procure a conditional discharge for Ahmad Zahid Hamidi in his Yayasan Akalbudi corruption case.
In an application filed under Article 128(2) of the Federal Constitution, read with Section 84 of the Courts of Judicature Act 1964, the lawyers’ body wants the High Court to refer three constitutional questions to the apex court for determination.
The application is set to be heard on Thursday.
In an affidavit affirmed on Jan 24, then Bar president Karen Cheah said the questions arose in connection with the application for leave filed last December.
She said the questions relate to the effect of Article 145(3) of the Federal Constitution where the AG, who is also the public prosecutor, has the discretion to institute or discontinue criminal proceedings except for those commenced in a shariah court, a native court or a court martial.
Cheah said the questions are of the highest public importance and fulfil all requirements of the reference jurisdiction.
She also said a decision by the apex court on the matter will allow for the speedy, economical and final determination of leave application presently before the High Court.
On Sept 5, the High Court had, on the prosecution’s application, granted Zahid a DNAA in respect of 47 charges brought against him for corruption, money laundering and criminal breach of trust.
Trial judge Collin Lawrence Sequerah allowed the application although the case was at the defence stage.
However, the Bar contends that the AG’s decision was “unreasonable and tainted with irrationality”.
It wants the High Court to compel the AG to give the Bar all information relied on in deciding to grant the DNAA. - FMT
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