Kuala lumpur: The Court of Appeal today allowed the Malaysian Bar's bid to challenge the prosecution's decision to halt all further proceedings against Datuk Seri Dr Ahmad Zahid Hamidi in the Yayasan Akalbudi corruption case. A three-member bench comprising Justice Datuk Faizah Jamaludin, presiding with Justices Datuk Dr Lim Hock Leng and Datuk Nadzarin Wok Nordin, ruled that the Bar's application was not frivolous and had raised arguable points of law that warranted a full hearing at the substantive stage.

According to BERNAMA News Agency, this case has been deemed appropriate, rare, and exceptional, warranting a full judicial review. The High Court's decision dated June 27, 2024, which dismissed the Malaysian Bar's application for leave to initiate judicial review proceedings, has been set aside. The matter will now be remitted to the High Court for the substantive hearing of the judicial review, with no order as to costs.

Justice Faizah highlighted the seriousness of the charges and the strong public interest surrounding corruption prosecutions as key factors that converged in this case. The extensive proceedings already undertaken, involving 99 prosecution witnesses over 53 trial days and 15 defense witnesses, were also noted. The Bar's appeal is not challenging the criminal court's DNAA order but rather the Attorney General's decision to discontinue the prosecution.

The Bar is challenging the Attorney General's decision on September 4, 2023, to grant Ahmad Zahid a DNAA on 47 charges related to criminal breach of trust, corruption, and money laundering involving the Yayasan Akalbudi funds. The Bar also seeks a declaration that the decision made by then-High Court Judge Datuk Collin Lawrence Sequerah is null and void, having been made in excess of the jurisdiction conferred upon the Attorney General.

The prosecution had informed the court about the intention to halt proceedings against Ahmad Zahid to scrutinize new evidence, which led to the granting of the DNAA.