What does the Malaysian Bar hope to achieve with its judicial review?

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The Malaysian Bar Seeks to Nullify the Discharge Not Amounting to Acquittal Granted to Ahmad Zahid Hamidi

The Malaysian Bar's judicial review aims to obtain a High Court declaration to nullify the discharge not amounting to an acquittal (DNAA) that was granted to Datuk Seri Dr Ahmad Zahid Hamidi. This discontinuation of proceedings pertains to 47 charges of criminal breach of trust, corruption, and money laundering connected to the Yayasan Akalbudi funds. The High Court had initially granted the DNAA based on the prosecution's indication that the Attorney-General's Chambers (AGC) intended to halt the proceedings to allow for a review of new evidence.
Challenge to Prosecutorial Discretion

The core of the Malaysian Bar's judicial review challenges the Attorney-General's (AG) decision to discontinue the prosecution against Ahmad Zahid. The Bar contends that the AG's discretion in halting the proceedings, which led to the DNAA, should be subject to judicial scrutiny. This challenge is rooted in the principle that such decisions, particularly in high-profile cases, should be transparent and justifiable.
Postponement of Hearing Pending Federal Court Decision

The hearing for the Malaysian Bar's application was postponed to October 12, 2024, for case management. This adjournment was granted to await the outcome of proceedings at the Federal Court, which has scheduled hearings for October 8, 2024. These Federal Court hearings will address leave to appeal applications filed by both Ahmad Zahid and the AG concerning the applicable legal tests for judicial review in cases involving prosecutorial discretion.
Overturned High Court Decision for Leave

The Court of Appeal had previously granted the Malaysian Bar leave to commence its judicial review on May 7, 2024. This decision overturned a High Court ruling from June 27, 2024, which had initially rejected the Bar's application for leave to initiate such a review. The subsequent applications to the Federal Court by Ahmad Zahid and the AG aim to challenge the Court of Appeal's decision to allow the judicial review.
Legal Questions Before the Federal Court

The Federal Court's upcoming hearings will consider important legal questions raised by both Ahmad Zahid and the AG. Ahmad Zahid's application presents five questions of law, while the AG's separate application raises two key legal issues concerning the scope of prosecutorial discretionary power under Article 145(3) of the Federal Constitution. The AG has also sought a stay of High Court proceedings pending the final disposal of these appeals.

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What does the Malaysian Bar hope to achieve with its judicial review?

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