Federal Court allows Zahid, AG to appeal Malaysian Bar’s challenge of DNAA in Yayasan Akalbudi case

The Federal Court has granted leave to Datuk Seri Dr Ahmad Zahid Hamidi and the Attorney-General to appeal against the Court of Appeal's decision allowing the Malaysian Bar to commence a judicial review challenging the prosecution's decision to discontinue the Yayasan Akalbudi corruption case. The Federal Court's three-man bench, consisting of Chief Judge of Malaya Datuk Seri Hashim Hamzah and Federal Court judges Datuk Nordin Hassan and Datuk Che Mohd Ruzima Ghazali, ruled that the case raises novel constitutional issues of public importance requiring clarification and final determination by the Federal Court.

The court noted that the High Court had applied a two-step threshold for granting leave to commence a judicial review when the Attorney-General's prosecutorial discretion under Article 145 (3) of the Federal Constitution is being challenged, while the Court of Appeal applied a single-leave test. The Federal Court allowed four questions of law proposed by both parties and dismissed one proposed by the Deputy Prime Minister.

Brief written by urgent.news from Malay Mail's own syndicated text. Machine-written — may contain errors; check the original before relying on it.