The High Court in Kuala Lumpur has adjourned Umno president Ahmad Zahid Hamidi’s application to convert his discharge not amounting to an acquittal into a full acquittal in the Yayasan Akalbudi corruption case.
Decision deferred pending Court of Appeal outcome
Justice Nurulhuda Nuraini Nor ruled that the matter would be heard after the Court of Appeal disposes of the Malaysian Bar’s judicial review appeal against the attorney-general’s decision to discontinue the prosecution.
She noted that the Bar’s appeal, scheduled for hearing on April 8, would become academic if she decided on Zahid’s application now.
The judge fixed April 24 for the next mention of the case.
Zahid, who is deputy prime minister, attended the proceedings.
Submissions on AG’s powers and public interest
Nurulhuda said she had considered arguments from Zahid’s counsel, Hisyam Teh Poh Teik, on the wide powers of the attorney-general as public prosecutor under Article 145(3) of the Federal Constitution and Section 254 of the Criminal Procedure Code.
She also took note of a Federal Court decision that the AG’s constitutional powers are not absolute and may be subject to judicial review in appropriate cases.
The judge described the issue of the AG’s unfettered discretion as a live and public interest matter.
She said she did not wish to pre-empt the Court of Appeal’s views on the subject.
Bar allowed to submit as amicus curiae
The judge permitted a representative of the Malaysian Bar, S Abhilaash, to address the court as amicus curiae despite objections from Hisyam.
Hisyam argued that allowing the Bar to submit would erode the role and power of the attorney-general.
Abhilaash countered that the Bar had previously been allowed to address courts in criminal proceedings.
He said the Bar has a duty under Section 42 of the Legal Profession Act 1976 to uphold justice without fear or favour and to protect public interest.
He added that the Bar wished to inform the court about the upcoming appeal.
Deputy public prosecutor Badius Zaman Ahmad said the prosecution did not object to Zahid’s application and had filed an affidavit stating its position.
Hisyam urged the court to grant acquittal, noting that the charges had lingered for three years and that the Bar’s position was irrelevant given the AG’s stance.
Zahid filed the application last month after the attorney-general classified the case as NFA due to insufficient evidence.
