Zahid’s DNAA: Bar seeks to refer legal questions to Federal Court

The Malaysian Bar would be seeking a green light from the Kuala Lumpur High Court to have the Federal Court consider legal questions linked to the discharge not amounting to an acquittal (DNAA) of Deputy Prime Minister Ahmad Zahid Hamidi.

However, the legal representatives for the attorney-general (AG) and Zahid intend to oppose any such constitutional referral bid to the Federal Court.

These were revealed by legal teams for the Bar as well as AG and Zahid during proceedings before High Court judge Amarjeet Singh this morning.

Today was initially set for the hearing of the Bar’s application for leave to proceed with a judicial review to challenge the AG’s decision last year to seek DNAA over Zahid’s graft case linked to Yayasan Akalbudi (a separate criminal court had allowed prosecutors’ DNAA bid on Sept 4, 2023).

The Bar’s lawyer Ambiga Sreenevasan informed Amarjeet of the Bar’s intent to file the constitutional referral application under Section 84 of the Courts of Judicature Act 1964.

Under the law, a ruling by an apex court on the constitutional referral questions can expedite the High Court’s decision on a pending legal action such as judicial review.

‘We will resist it’

However, senior federal counsel Ahmad Hanir Hambaly @ Arwi and lawyer Hisyam Teh Poh Teik - who represented the AG and Zahid respectively - said they would be objecting to any such constitutional referral bid.

“We have indicated disagreement over Section 84 (application) to refer (the questions) to the Federal Court. We will resist it,” Hanir said.

Hisyam then joined in with his client’s objection, adding that they were not even informed earlier on the Bar’s intent to move the constitutional referral.

Amarjeet then directed the Bar to file the referral bid by Jan 26 and set Feb 26 for further case management of the matter.

On Sept 4 last year, the prosecution applied for a DNAA over the 47 graft charges against Zahid, and the criminal court allowed it.

Then three months on Dec 4, the Bar announced in a media statement that the legal profession regulatory body had filed the legal challenge over Zahid's DNAA, adding that it is challenging the AG’s decision (to seek DNAA) as part of its statutory duty to uphold the cause of justice without fear or favour.

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COMMENT | Of DNAAs and excessive punishments