AG, Zahid dibenar rayu keputusan benar Majlis Peguam cabar tuduhan rasuah

The Attorney General, Zahid Hamidi, and Lawyer Zainuddin Zainuddin were granted permission to appeal a Federal Court decision allowing the Bar Council to challenge the decision to halt 47 defamation cases against the Umno president. The Federal Court ruled that the Attorney General and Zahid Hamidi met the threshold under Section 96 of the Courts of Justice Act 1964.

The three-judge panel, comprising Chief Judge of Malaya Hashim Hamzah, Judge Nordin Hassan, and Judge Ruzima Ghazali, stated that the Attorney General's power to challenge under Article 145(3) of the Constitution had been contested in this case. The Court of Appeal used a two-tier test, which allows for judicial review in rare and extraordinary circumstances.

However, the Court of Appeal applied a one-tier test under Rule 53 of the Rules of Court 2012, with caution, discipline, and strict limitations when dealing with the Attorney General's power. The Court of Appeal considered this case as raising new constitutional issues of public importance that require a definitive ruling and explanation.

On May 7, the Court of Appeal unanimously allowed the Bar Council's appeal against the Federal Court's refusal to grant judicial review of the Attorney General's decision to halt the defamation cases. The Court of Appeal stated that the challenge was directed at the executive - the Attorney General's decision to discontinue the proceedings - rather than a judicial order granting Zahid Hamidi a discharge without bail (DNAA).

Zahid Hamidi was granted DNAA for all 47 defamation cases in September 2023. Attorney-General's Chambers counsel Ahmad Hanir Hambaly and Perak Bar Association counsel Imtiyaz Wizni Aufa Othman represented the Attorney General. Ambiga Sreenevasan, Steven Thiru, S Sivaneindiren, Gregory Das, and Abhilaash Subramaniam represented the Bar Council.

Solicitors Hisyam Teh Poh Teik, Ahmad Zaidi Zainal, Guok Ngek Seng, and six others acted on behalf of Zahid Hamidi.