High Court stays Bar’s judicial review over Zahid’s DNAA

The High Court has allowed the attorney-general’s (AG) application to stay the Malaysian Bar’s judicial review challenging the AG’s decision to discontinue corruption charges against Umno president Ahmad Zahid Hamidi, pending an appeal at the Federal Court.

Lawyer Guok Ngek Seong, representing Zahid, said Justice Azizan Arshad allowed the application during proceedings in chambers today.

He said the decision followed developments in the Federal Court, where the AG and Zahid obtained leave to appeal a Court of Appeal ruling allowing the Malaysian Bar to proceed with its judicial review.

“The Federal Court has yet to fix a hearing date for the appeal as the notice of appeal was only filed on Oct 19,” he told reporters after proceedings.

Federal counsel Safiyyah Omar and Imtiyaz Wizni Aufa Othman appeared for the AG, while the Malaysian Bar was represented by S Abhilaash.

Earlier this month, the Federal Court granted the AG and Zahid leave to appeal a ruling that allowed the Malaysian Bar to challenge the AG’s decision to discontinue the 47 corruption charges in Zahid’s Yayasan Akalbudi case.

The court held that the AG and Zahid had each met the threshold requirements set out in Section 96 of the Courts of Judicature Act 1964.

On May 7, the Court of Appeal unanimously allowed the Bar’s appeal against the Kuala Lumpur High Court’s refusal to grant leave for judicial review.

The appellate court said the challenge was directed at the “executive root” – the AG’s decision to discontinue the prosecution – rather than the criminal court’s subsequent order granting Zahid a discharge not amounting to an acquittal (DNAA).