What legal test for judicial review is the Federal Court set to determine?

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Federal Court to Ascertain Judicial Review Test for Prosecutorial Discretion

The Federal Court is scheduled to hear applications on October 8 to determine the applicable legal test for judicial review concerning prosecutorial discretion. This hearing stems from the Malaysian Bar's challenge to the Attorney-General's (AG) decision to halt proceedings against Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi in the Yayasan Akalbudi corruption case. The Court of Appeal had previously granted the Bar leave to pursue this judicial review, overturning an earlier High Court decision.
Legal Test for Judicial Review in Focus

The proceedings before the Federal Court are specifically aimed at clarifying the legal standard that courts should apply when reviewing decisions made by the Attorney-General regarding prosecutorial discretion. This involves examining how the judiciary can scrutinise such decisions, particularly when they lead to the discontinuation of criminal proceedings. The outcome of this appeal will set a precedent for future cases involving challenges to the AG's powers.
Prosecutorial Discretion Under Article 145(3)

The AG's authority to initiate, conduct, or discontinue any criminal proceedings for an offence, other than those relating to Islamic law, is enshrined in Article 145(3) of the Federal Constitution. This constitutional provision grants significant discretionary power to the AG. The Federal Court's determination will shed light on the boundaries and reviewability of this discretion, especially in high-profile cases.
Discharge Not Amounting to Acquittal (DNAA) Context

The judicial review application by the Malaysian Bar seeks to nullify the discharge not amounting to an acquittal (DNAA) granted to Ahmad Zahid on 47 charges. A DNAA signifies that criminal proceedings have been halted, but the individual can still be charged again for the same offences. The AG's decision to halt proceedings, leading to the DNAA, is the core issue being challenged by the Bar, which now awaits the Federal Court's definitive ruling on the applicable judicial review test.

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What legal test for judicial review is the Federal Court set to determine?

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