KUALA LUMPUR (July 24): The Malaysian Bar filed a notice to the Court of Appeal on Tuesday over the High Court’s decision last month to dismiss its challenge against Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi's conditional discharge in the Yayasan Akalbudi corruption case.

The notice was filed by the Bar’s solicitors from Messrs Abhilaash Subramaniam & Co. The notice reads that it is appealing to the appellate court the whole decision made by judge Datuk Amarjeet Singh Serjit Singh.

Amarjeet ruled in June that the Bar’s challenge is not subject to a review, as it is not for the court to decide, and that the court will not hear the challenge to Zahid’s discharge not amounting to acquittal (DNAA).

The rejection by Amarjeet was merely for the Bar to seek leave, or permission, from the court to initiate a judicial review.

The attorney general and the deputy prime minister were named as the respondents.

Amarjeet said the exercise of the AG’s power under Section 145 (3) of the Federal Constitution is cloaked with the presumption of legality, and the burden on the Bar is high and compelling grounds are required for a review.

The Bar also wanted to refer three constitutional questions, namely the landmark decision in the case of Datuk N Sundra Rajoo over the AG’s discretion to institute proceedings against the Asian International Arbitration Centre director, which Amarjeet also dismissed.

The Bar had sought an order to quash the AG's Chambers decision to seek a DNAA for Zahid.

It also sought an order instructing the AG to act in accordance with the law, including prosecuting Zahid again if deemed appropriate, as per Section 254A of the Criminal Procedure Code.

Further, the bar wanted an order compelling the AG to provide information and documentation justifying the decision to apply for a DNAA for Zahid.

On Sept 4 last year, the prosecution withdrew all 47 charges of graft, criminal breach of trust and money laundering against Zahid, after his defence was called.

Presiding Court of Appeal judge Datuk Collin Lawrence Sequerah, sitting at the High Court, upheld the prosecution’s application for a DNAA for Zahid, as opposed to the defence’s request for a full acquittal.

This followed instructions from the AG to discontinue its case against Zahid, resulting in the Bar filing this review application. 

https://www.theedgemarkets.com/node/720142