Kuala lumpur: The Court of Appeal was informed today that the decision made in 2023 to grant Datuk Seri Dr Ahmad Zahid Hamidi a discharge not amounting to an acquittal (DNAA) in relation to his Yayasan Akalbudi corruption case was lawful and in accordance with legal provisions.

According to BERNAMA News Agency, Senior federal counsel Ahmad Hanir Hambaly argued that the public prosecutor's decision for DNAA was within his legal authority, as outlined in Article 145(3) of the Federal Constitution and Section 254 of the Criminal Procedure Code. Ahmad Hanir emphasized that the decision did not contravene any laws or deviate from the policies set forth by Section 254. He further asserted that the prosecutorial discretion, rooted in constitutional provisions, was not overridden by any directives from the public prosecutor.

Ahmad Hanir presented these arguments before a three-member panel led by Justice Datuk Faizah Jamaludin, and comprising Justices Datuk Dr Lim Hock Leng and Datuk Nadzarin Wok Nordin. He explained that new issues and evidence necessitated a more thorough investigation, prompting the discontinuation of the case. He highlighted that the public prosecutor prioritized public interest by ensuring that the investigation was conducted methodically and without haste, thereby preserving the credibility of the Attorney-General's Chambers (AGC) and the Malaysian Anti-Corruption Commission (MACC).

Representing the Attorney-General, Ahmad Hanir made these submissions in response to the Malaysian Bar's appeal against the Kuala Lumpur High Court's June 2024 decision, which dismissed its application for judicial review proceedings. Meanwhile, Datuk S. Ambiga, representing the Bar, argued that although the rights of the accused are acknowledged, prosecutorial discretion must be exercised with public interest in mind. She pointed out that 99 prosecution witnesses had testified, and the defence was actively presenting its 15th witness.

Following the presentations, Justice Faizah stated that the panel required additional time to consider the submissions before reaching a decision, which will be announced at a later date. The Bar aims to contest the Attorney-General's decision on September 4, 2023, to grant Ahmad Zahid a DNAA on 47 charges linked to criminal breach of trust, corruption, and money laundering concerning Yayasan Akalbudi funds. The Bar also seeks a court declaration that the High Court Judge Datuk Collin Lawrence Sequerah's decision was null and void, and beyond the jurisdiction accorded to the Attorney-General. The decision was based on the prosecution's request to pause proceedings against Ahmad Zahid to examine new evidence.