What constitutional questions does the AG raise about prosecutorial discretion?

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The Attorney-General Has Raised Two Specific Questions of Law Pertaining to Prosecutorial Discretion Under Article 145(3) of the Federal Constitution.

The Attorney-General (AG) has presented two distinct questions of law for consideration, both directly concerning the scope of prosecutorial discretionary power as outlined in Article 145(3) of the Federal Constitution. These questions have arisen in the context of an application for leave to appeal to the Federal Court regarding the discontinuation of corruption charges against Datuk Seri Dr Ahmad Zahid Hamidi in the Yayasan Akalbudi case. The AG has also requested a stay of all High Court proceedings until the Federal Court has made a determination on these appeals.
Questions Regarding the Scope of Prosecutorial Discretion

The AG's application to the Federal Court outlines two specific legal questions. These inquiries are crucial for clarifying the boundaries and oversight mechanisms applicable to the AG's power to discontinue criminal proceedings. The resolution of these questions is anticipated to establish the governing legal test for judicial review in matters involving prosecutorial discretion.
Adjournment of High Court Proceedings

The Malaysian Bar's application to challenge the discontinuation of the Yayasan Akalbudi case was postponed from its scheduled High Court hearing. This adjournment was granted to await the Federal Court's decision on the leave to appeal applications filed by both Ahmad Zahid and the AG. The Federal Court has set October 8 for the hearing of these applications, underscoring the significance of the legal issues at stake.
Federal Court's Role in Defining Judicial Review

The proceedings before the Federal Court are expected to determine the applicable test for judicial review concerning prosecutorial discretion. This is a critical aspect, as the Court of Appeal had previously granted the Malaysian Bar leave to commence judicial review proceedings to challenge the AG's decision to halt the prosecution. The High Court's earlier rejection of this application was overturned by the Court of Appeal on May 7, 2024.

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What constitutional questions does the AG raise about prosecutorial discretion?

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