PUTRAJAYA, July 8 — The Federal Court has set October 8 to hear applications by Datuk Seri Ahmad Zahid Hamidi and the Attorney-General (A-G) seeking leave to appeal against a Court of Appeal ruling allowing the Malaysian Bar to challenge the discontinuation of the Yayasan Akalbudi corruption case.
Senior federal counsel Ahmad Hanir Hambaly@Arwi, representing the A-G, and Malaysian Bar lawyer Abhilaash Subramaniam confirmed to Bernama that both applications would be heard together on the same date.
The date was fixed during a case management session before Federal Court Deputy Registrar Rahimah Rahim today.
On May 7, the Court of Appeal granted the Malaysian Bar leave to commence a judicial review challenging the A-G's September 4, 2023, decision to halt proceedings against the Deputy Prime Minister.
The Court of Appeal had overturned the High Court's decision on June 27, 2024, which had earlier rejected the Malaysian Bar's application for leave to initiate the judicial review.
Zahid, the second proposed respondent in the judicial review proceedings, subsequently filed an application on May 25 this year seeking leave to appeal to the Federal Court.
He raised five questions of law in support of his application, pursuant to Section 96 of the Courts of Judicature Act 1964.
A-G Tan Sri Mohd Dusuki Mokhtar filed a separate leave application, raising two questions of law which he described as important legal issues concerning the prosecutorial discretionary power under Article 145(3) of the Federal Constitution.
He has also sought a stay of all proceedings in the High Court pending the disposal of the appeal.
The Malaysian Bar is seeking a High Court declaration to nullify the discharge not amounting to an acquittal (DNAA) granted to Zahid by then-Judge Datuk Collin Lawrence Sequerah (now a Federal Court judge) on 47 charges of criminal breach of trust, corruption, and money laundering linked to the Yayasan Akalbudi funds.
The High Court had granted the DNAA after the prosecution informed it that the AGC intended to halt proceedings against Zahid to facilitate scrutiny of new evidence.
