Kuala lumpur: The Federal Court has scheduled October 8 for a hearing on applications by Datuk Seri Dr Zahid Hamidi and the Attorney-General (AG), who are seeking leave to appeal a Court of Appeal decision. This ruling had permitted the Malaysian Bar to challenge the cessation of the Yayasan Akalbudi corruption case.
According to BERNAMA News Agency, senior federal counsel Ahmad Hanir Hambaly@Arwi, representing the AG, and Malaysian Bar lawyer Abhilaash Subramaniam, have confirmed that both applications will be heard together on the scheduled date. The date was set during a case management session conducted today before Federal Court deputy registrar Rahimah Rahim.
Earlier this year, on May 7, the Court of Appeal granted the Malaysian Bar leave to initiate a judicial review challenging the AG's decision made on September 4, 2023, to discontinue proceedings against the Deputy Prime Minister. This decision by the Court of Appeal overturned a previous ruling by the High Court on June 27, 2024, which had denied the Malaysian Bar's request to initiate the judicial review.
Ahmad Zahid, named as the second proposed respondent in the judicial review proceedings, filed an application on May 25, seeking permission to appeal to the Federal Court. He presented five legal questions to support his application, in accordance with Section 96 of the Courts of Judicature Act 1964.
AG Tan Sri Mohd Dusuki Mokhtar submitted a separate application for leave, citing two significant legal questions related to the prosecutorial discretionary power under Article 145(3) of the Federal Constitution. The AG has also requested a stay of all High Court proceedings until the appeal is resolved.
The Malaysian Bar is pursuing a declaration from the High Court to nullify the discharge not amounting to an acquittal (DNAA) granted to Ahmad Zahid by then-Judge Datuk Collin Lawrence Sequerah, now a Federal Court judge. The DNAA was related to 47 charges of criminal breach of trust, corruption, and money laundering associated with the Yayasan Akalbudi funds. The High Court had issued the DNAA following the prosecution's indication that the AGC intended to pause proceedings against Zahid to examine new evidence.