What is the specific legal test for judicial review of prosecutorial discretion?

Question

Accepted Answer

The Federal Court Will Hear Appeals on the Legal Test for Judicial Review of Prosecutorial Discretion

The Federal Court is scheduled to hear applications from Ahmad Zahid Hamidi and the Attorney-General (AG) on October 8, which will determine the applicable legal test for judicial review concerning prosecutorial discretion. The Malaysian Bar's application to challenge the discontinuation of the Yayasan Akalbudi corruption case against Ahmad Zahid has been adjourned to await the outcome of these Federal Court proceedings. This crucial hearing stems from the Court of Appeal's May 7 decision, which granted the Malaysian Bar leave to judicially review the AG's September 4, 2023, decision to halt proceedings against the Deputy Prime Minister.
Federal Court to Determine Judicial Review Standard

On October 8, the Federal Court will consider applications seeking leave to appeal a significant Court of Appeal ruling. These applications were filed by both Ahmad Zahid and the Attorney-General. The core issue before the apex court is to establish the precise legal standard that courts should apply when reviewing decisions made by the public prosecutor in the exercise of their discretion. This determination is expected to provide clarity on the scope and limits of judicial oversight in such matters.
Adjournment of High Court Proceedings

The Malaysian Bar's application to challenge the discontinuation of the corruption case against Ahmad Zahid, initially set for hearing at the High Court, has been postponed. This adjournment was granted to ensure that the High Court proceedings do not proceed until the Federal Court has ruled on the appeals concerning prosecutorial discretion. The case management for the High Court proceedings has been rescheduled to October 12, to provide an update on the Federal Court's outcome.
Background of the Case and Appeals

The current situation arises from the Court of Appeal's decision on May 7, which overturned a High Court decision and allowed the Malaysian Bar to initiate a judicial review. This review challenges the AG's decision to stop the corruption proceedings against Ahmad Zahid. Subsequently, Ahmad Zahid filed an application on May 25 seeking leave to appeal to the Federal Court, raising five questions of law. The AG also filed a separate leave application, highlighting two important legal issues related to prosecutorial discretionary power under Article 145(3) of the Federal Constitution.

Reading history

Hide →

This history is cleared when the page is closed.

What is the specific legal test for judicial review of prosecutorial discretion?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

2

0

0

Share with friends