THE Malaysian Bar is seeking judicial review over the attorney-general’s (AG) decision in September in applying for a discharge not amounting to an acquittal (DNAA) for 47 charges against Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi.
Its president Karen Cheah Yee Lynn said the bar has initiated legal proceedings on this matter in the Kuala Lumpur High Court.
The unsealed copies of the judicial review application, requisite statement, and supporting affidavit, were served on the AG earlier today.
Cheah said the legal recourse is part of its statutory duty to uphold the cause of justice, uninfluenced by fear or favour.
She said Zahid’s trial commenced more than four years ago on November 18, 2019, where a prima facie case was established.
“The Malaysian Bar cannot emphasise enough the importance of a judicial review process – which is specifically designed to challenge decisions, actions, or omissions of public bodies in the event that checks and balances on the executive and legislative are required, and/or where the basic structure of our Federal Constitution is called into question for proper interpretation – in the interest of our democracy.
“It is the Malaysian Bar’s concerted view that the AG’s discretionary powers under article 145(3) of the Federal Constitution is not absolute and should be restricted in its scope and limit, exercised in a justiciable manner as determined by the courts under their revisionary powers and inherent jurisdiction in accordance with the law,” she said in a statement.
“Zahid’s case holds national and public interest as it involves grave accusations of criminal breach of trust, bribery, and money laundering against an individual in power and authority at the time he was charged – seen in tandem and in the light of the circumstances of the stage of proceedings in the case, vis-à-vis the continuing power he holds at the executive level as at September 4, 2023.”
Cheah said the bar’s position on the matter was referred to in observations made on September 7.
In the judicial review, the bar seeks the following reliefs:
1. A certiorari to quash the AG’s decision of September 4, 2023, in applying for a DNAA in Zahid’s case.
2. A declaration the AG’s decision is null and void and/or made in excess of the jurisdictions and/or powers under article 145(3) of the Federal Constitution and section 254(1) of the Criminal Procedure Code.
3. A declaration the AG’s decision is null and void and/or unreasonable and tainted with irrationality.
4. A mandamus directing the AG to furnish the Malaysian Bar with all information, documentation, reasons, basis, and particulars relied upon in arriving at the decision on September 4 to apply for the DNAA, including (but not limited to), the letters of representation issued by or on behalf of Zahid.
5. A mandamus directing the AG to provide the bar at regular intervals with all information, documentation, reasons, basis, and particulars pertaining to the status of the ongoing and/or further investigations on Zahid which formed part of the reason for arriving at the decision of the AG to apply for a DNAA, including any decision of the AG to recharge, continue trial, or discontinue investigations against Zahid.
6. The bar be granted access to all matters and/or documents filed in court, including court recordings, orders and judgments. – The Vibes, December 4, 2023.
