What does Article 145(3) mean for prosecutorial discretion in this case?

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Article 145(3) Governs Prosecutorial Discretion and Judicial Review Standards

Article 145(3) of the Federal Constitution is central to this case as it delineates the Attorney-General's (AG) broad discretionary power in prosecuting criminal matters. This constitutional provision empowers the AG to institute, conduct, or discontinue any proceedings for an offence, acting as the chief legal officer of the government. The ongoing Federal Court proceedings are specifically aimed at clarifying the appropriate legal test that courts should apply when reviewing decisions made under this prosecutorial discretion, particularly in instances where proceedings are halted, such as the discharge not amounting to an acquittal (DNAA) granted in the Yayasan Akalbudi case.
Federal Court to Define Judicial Review Test for Prosecutorial Discretion

The Federal Court is set to hear applications from both the Deputy Prime Minister, Datuk Seri Dr Ahmad Zahid Hamidi, and the Attorney-General (AG) for leave to appeal a Court of Appeal decision. The proceedings, scheduled for October 8, are critical because they will establish the applicable standard for judicial review concerning prosecutorial discretion. This means the apex court's ruling will determine how rigorously courts can examine the AG's decisions to discontinue cases, which has significant implications for accountability and the rule of law in Malaysia.
AG's Leave Application Raises Key Legal Questions

The AG, Tan Sri Mohd Dusuki Mokhtar, has filed a distinct leave application to the Federal Court, presenting two specific questions of law. These questions are framed as important legal issues directly related to the scope of prosecutorial discretionary power vested under Article 145(3) of the Federal Constitution. The AG's intervention underscores the gravity of the legal principles at stake and the need for definitive guidance from the Federal Court.
Adjournment of High Court Proceedings Pending Federal Court Decision

Consequently, the Malaysian Bar's application to challenge the discontinuation of the Yayasan Akalbudi corruption case against Ahmad Zahid, which was due for a High Court hearing, has been postponed. The High Court granted an adjournment because the outcome of the Federal Court proceedings is considered paramount. The court recognized that the determination of the judicial review test for prosecutorial discretion must precede any further High Court proceedings in this matter, with a subsequent case management date set for October 12 to receive an update.

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What does Article 145(3) mean for prosecutorial discretion in this case?

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