Zahid applies to stop Bar from challenging AG’s move for DNAA
PUTRAJAYA: Ahmad Zahid Hamidi has turned to the Federal Court to set aside a Court of Appeal ruling granting the Malaysian Bar leave to challenge the attorney-general’s (AG) decision to seek a conditional discharge (DNAA) for the Umno president in his Yayasan Akalbudi corruption case.
Zahid, as the second putative respondent to the Bar’s application, filed five legal questions to meet the threshold under Section 96 of the Courts of Judicature Act 1964.
Leave to appeal to the Federal Court is granted only if the case raises novel constitutional or legal questions of public importance for the first time.
Lawyer Shahrul Fazli Kamarulzaman said the cause papers were filed at the Federal Court registry yesterday.
The first putative respondent, the AG, is expected to file his leave application next week.
Zahid, who is also deputy prime minister, and the AG want the Federal Court to reinstate the June 27, 2024 High Court ruling that dismissed the Bar’s leave application.
On May 7, the Court of Appeal ruled that the Bar had crossed the threshold required for the merits of its case to be heard in the High Court.
Justice Faizah Jamaludin, who sat with Justices Lim Hock Leng and Nadzrin Wok Nordin, said the Bar had an arguable case that was not frivolous.
She added that Justice Collin Lawrence Sequerah’s granting of the DNAA following the prosecution’s application in 2023 was only a procedural order made in the course of the criminal proceedings.
In January 2022, Sequerah ordered Zahid to enter his defence on all 47 corruption, criminal breach of trust, and money laundering charges after determining that the prosecution had made out a prima facie case against the Barisan Nasional chairman.
Nearly two years later, in September 2023, Zahid was granted a DNAA from all 47 charges pending further investigations into the case by the Malaysian Anti-Corruption Commission.
The case was classified as requiring no further action by the AG’s Chambers in January this year.
المصدر: Free Malaysia Today