What legal test is the Federal Court examining in this appeal?

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Federal Court to Examine Legal Test for Prosecutorial Discretion in Judicial Review Appeals

The Federal Court is set to hear applications on October 8 concerning the legal test applicable to judicial review in cases involving prosecutorial discretion. These proceedings arise from the Court of Appeal's decision on May 7, which granted the Malaysian Bar leave to challenge the Attorney-General's (AG) move to halt proceedings against Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi. The outcome of these Federal Court hearings is expected to clarify the standards for judicial review when challenging decisions made under the AG's discretionary powers.
Applications for Leave to Appeal Filed by Ahmad Zahid and AG

Following the Court of Appeal's decision to allow the Malaysian Bar to proceed with its judicial review, both Ahmad Zahid and the Attorney-General have filed separate applications for leave to appeal to the Federal Court. Ahmad Zahid's application, filed on May 25, raises five questions of law under Section 96 of the Courts of Judicature Act 1964. The AG, Tan Sri Mohd Dusuki Mokhtar, has also filed a distinct leave application, presenting two legal questions he deems significant regarding prosecutorial discretionary power.
Court of Appeal Granted Malaysian Bar Leave for Judicial Review

The Malaysian Bar was granted leave by the Court of Appeal on May 7 to initiate a judicial review. This legal action challenges the AG's September 4, 2023 decision to discontinue the corruption case against Ahmad Zahid. The Court of Appeal's decision overturned a High Court ruling from June 27, 2024, which had initially denied the Malaysian Bar permission to pursue this judicial review.
Focus on Prosecutorial Discretion Under Article 145(3)

The AG's legal questions submitted for the Federal Court's consideration specifically address the scope of prosecutorial discretionary power as outlined in Article 145(3) of the Federal Constitution. The AG has also sought a stay of all High Court proceedings while the appeal is pending, indicating the significance of these constitutional provisions in the ongoing legal matters. The prosecution has indicated that the Federal Court hearings will be pivotal in establishing the applicable test for judicial review in such matters.
Judicial Review Seeks to Nullify Discharge Not Amounting to Acquittal

The Malaysian Bar's underlying judicial review aims to nullify the discharge not amounting to an acquittal (DNAA) granted to Ahmad Zahid. This DNAA was issued by the court on 47 charges related to criminal breach of trust, corruption, and money laundering concerning Yayasan Akalbudi funds. The High Court had previously granted the DNAA after the prosecution indicated an intention to halt proceedings to allow for the examination of new evidence.

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