Kuala lumpur: The prosecution has raised no objection to Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi's application to be discharged and acquitted of 47 corruption charges related to Yayasan Akalbudi funds.
According to BERNAMA News Agency, Division II deputy head of Prosecution Datuk Badius Zaman Ahmad conveyed the prosecution's position to High Court Judge Nurulhuda Nur'aini Mohamad during the proceedings. Despite the prosecution's stance, Judge Nurulhuda Nur'aini stated that the court would withhold its decision pending the outcome of an appeal before the Court of Appeal, which involves the Malaysian Bar.
The Malaysian Bar is appealing against the High Court's earlier dismissal of its application to initiate judicial review proceedings challenging the Attorney General's decision to discontinue the prosecution against Ahmad Zahid. The judge indicated that the Court of Appeal's ruling would be determinative and binding on the present proceedings, emphasizing the necessity to respect the appellate court's jurisdiction.
Judge Nurulhuda Nur'aini highlighted that the matter of public interest necessitates determination by a higher court. She noted that proceeding with a decision on Ahmad Zahid's application might render the Malaysian Bar's appeal academic, potentially negating the need for the Court of Appeal panel to hear it. Consequently, the decision on the Malaysian Bar's application for leave to commence judicial review is awaited on April 8, with the hearing of Ahmad Zahid's application set for April 24.
Earlier, the court was informed by Badius Zaman that the Malaysian Bar had submitted a letter objecting to Ahmad Zahid's application. Ahmad Zahid's lawyer, Datuk Hisyam Teh Pok Teik, contested the Malaysian Bar's objection, arguing that the Bar lacks locus standi in this criminal matter. He asserted that criminal matters fall within the purview of the public prosecutor, and permitting the Malaysian Bar to object could undermine the authority of the Attorney-General and public prosecutor.
Counsel Abhilaash Subramaniam, representing the Malaysian Bar as amicus curiae, acknowledged that the Bar is neither a party to the application nor an applicant but aimed to highlight the ongoing proceedings in the Court of Appeal. Ahmad Zahid's application seeks a full discharge and acquittal concerning the 47 charges of criminal breach of trust, corruption, and money laundering involving Yayasan Akalbudi funds, based on the Attorney General's Chambers' decision to take no further action.
In a statement dated January 8, the AGC announced the decision after a comprehensive review of case materials and new evidence. Attorney General Tan Sri Mohd Dusuki Mokhtar clarified on January 12 that the classification of the case as 'No Further Action' (NFA) was made following meticulous examination of six representations submitted by Ahmad Zahid. On September 4, 2023, the High Court granted Ahmad Zahid a discharge not amounting to an acquittal (DNAA) on all 47 charges, following the AGC's decision to discontinue proceedings.