Public prosecutor's DNAA decision in Zahid's case not against the law - lawyer

The Court of Appeal was told today that the 2023 decision to grant Ahmad Zahid Hamidi a discharge not amounting to an acquittal (DNAA) in his Yayasan Akalbudi corruption case did not break any law.

Senior federal counsel Ahmad Hanir Hambaly submitted that the public prosecutor (PP)’s DNAA decision was made within the scope of his powers and jurisdiction under Article 145(3) of the Federal Constitution and Section 254 of the Criminal Procedure Code.

“The decision was not made in contravention of any law and does not run awry of the scheme or policy of Section 254 at all. It also does not breach the PP’s direction, which, in the first place, does not bind the PP and does not override the PP’s constitutionally rooted prosecutorial discretions,” he said.

Hanir submitted this before a three-member panel chaired by judge Faizah Jamaludin, along with judges Lim Hock Leng and Nadzarin Wok Nordin.

He further contended that the case was discontinued due to new issues and evidence, which required further detailed and comprehensive investigation.

“The PP also considered public interest in ensuring the investigation is not done in a rushed, careless, premature, and incomplete manner, so as to taint the credibility of the Attorney-General’s Chambers (AGC) and the MACC as the prosecuting body and the investigating body respectively,” he said.

Hanir, appearing for the attorney-general, submitted this in the Malaysian Bar’s appeal against the Kuala Lumpur High Court’s June 2024 dismissal of its application for leave to commence judicial review proceedings.

Over 100 witnesses have testified

Meanwhile, S Ambiga, who appeared for the Bar, submitted that, while the rights of the accused are recognised, the ultimate exercise of prosecutorial discretion must be guided by public interest considerations.

She noted that in the present case, 99 prosecution witnesses have already testified, while the defence has been called and is at the stage where the 15th defence witness is giving evidence.

After hearing submissions from the parties, Faizah said the panel needed more time to deliberate on the matter. As such, the decision date will be fixed at a later date.

The Bar is seeking to challenge the AG’s decision on Sept 4, 2023, to grant Zahid a DNAA on 47 charges involving criminal breach of trust, corruption, and money laundering linked to Yayasan Akalbudi funds.

It also seeks the court’s declaration that the decision by High Court judge Collin Lawrence Sequerah, who is now a Federal Court judge, was null and void and made in excess of the jurisdiction granted to the AG.

The court granted the DNAA after the prosecution informed that the AGC wanted to halt the proceedings against Zahid to scrutinise new evidence.

- Bernama

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