Zahid calls M'sian Bar 'busybody', has no legal standing to challenge DNAA

Ahmad Zahid Hamidi has described the Malaysian Bar as being a “busybody”, saying it has no legal standing to challenge the public prosecutor’s decision to grant a discharge not amounting to an acquittal (DNAA) in his corruption case.

In the filing of an affidavit to challenge the Bar’s judicial review leave application targeting the attorney-general’s decision to grant a DNAA in his Yayasan Akalbudi corruption case, the deputy prime minister pointed out that the Bar is not a party affected by the decision.

Zahid highlighted that the Bar is not even the complainant nor the victim in the criminal charges against him.

“In short, the applicant (Bar) is a mere ‘busybody’ in this case. Only a party who is adversely or gravely affected by the decision of the public prosecutor in this case may apply for leave to file judicial review.

“This was obviously not the case with the applicant,” he said in the affidavit filed at the Kuala Lumpur High Court on Jan 4.

The rural and regional development minister added that the legal action is not sustainable as the public prosecutor has the power to grant a DNAA for ongoing criminal cases, per Article 145(3) of the Federal Constitution.

“As the first putative respondent (AG) was acting within the powers conferred under the Federal Constitution which is the supreme law of the land, I have been advised by my solicitors and I verily believe that the first putative respondent’s decision is not open for a judicial review,” Zahid said.

He contended that the Bar even failed to prove the present case is rare and exceptional, opening it to judicial review. He added that the Bar also failed to show that the AG’s decision was illegal, irrational and mala fide (bad faith).

Zahid, who is the second respondent, said the Bar’s judicial review is misconceived as the legal action pending before the civil courts deals with the decision of a criminal court that allowed the AG’s application for DNAA.

The judicial review leave bid is set for hearing before Kuala Lumpur High Court judge Amarjeet Singh today.

Objection against judicial review

During the brief court proceedings, the AG’s legal representative Ahmad Hanir Hambaly @ Arwi indicated their objection against the Bar being given leave to commence with the judicial review.

The representative from the Attorney-General’s Chambers (AGC) contended that the Bar did not provide evidence on the alleged irrationality of the AG’s decision to seek a DNAA, following the AGC having received several letters of representation from Zahid’s legal team.

However, today’s hearing was deferred after Hanir’s submission as the Bar’s lawyer Ambiga Sreenevasan informed the court that they would file an application to refer to the Federal Court several legal questions linked to the AG’s power to seek a DNAA.

On Dec 4, via a media statement on its official portal, the Bar announced the filing of the legal challenge over Zahid’s DNAA.

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