Zahid's DNAA remains, court bins Malaysian Bar's challenge

Deputy Prime Minister Ahmad Zahid Hamidi’s discharge not amounting to acquittal (DNAA) over a graft case stays in place.

The Kuala Lumpur High Court this morning denied leave for the Malaysian Bar to proceed with its judicial review.

With today’s ruling, the civil court will not hear oral submissions for the merits of the judicial review targeting the attorney-general (AG)’s decision to withdraw the corruption case linked to millions of ringgit from Yayasan Akalbudi.

The legal requirement for leave is to eliminate frivolous or hopeless applications at an early stage and to ensure that the matter only proceeds to a substantive hearing if there is a case fit for consideration.

Civil court judge Amarjeet Singh also ordered the Bar to pay RM10,000 in costs to the AG, who is one of the respondents in the matter. The other respondent is Zahid.

Amarjeet ruled that the issue of 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.

Former Malaysian Bar president Steven Thiru acted for the legal profession body while senior federal counsel Shamsul Bolhassan and lawyer Hisyam Teh Poh Teik represented the AG and Zahid respectively. - Mkini