THE Malaysian Bar has taken legal action through the High Court against Deputy Prime Minister Ahmad Zahid Hamidi’s discharge not amounting to acquittal (DNAA) of the 47 charges in his corruption case.

Its president Karen Cheah said it was seeking a judicial review over the attorney-general’s (AG) decision on September 4 in applying to the court for a DNAA in the case involving 47 charges against Zahid Hamidi.

“Having considered at length the facts and circumstances of Zahid’s case, the Malaysian Bar has taken this legal recourse as part of its statutory duty to uphold the cause of justice, uninfluenced by fear or favour.

“It cannot be disputed that Zahid’s trial commenced more than four years ago on November 18, 2019, where a prima facie case was established,” she said in a statement.

Cheah said the case was in the middle of its defence stage on September 4 after 77 days of trial and Zahid’s 15th witness giving testimony.

This, she said, was when assertions were made by the AG that further investigation by the Malaysian Anti-Corruption Commission was needed based on several representations made by Zahid in December last year, three years after the case had commenced.

“It is the Malaysian Bar’s concerted view that the AG’s discretionary powers under article 145(3) of the Federal Constitution is not absolute and should be restricted in its scope and limit, exercised in a justiciable manner as determined by the courts under their revisionary powers and inherent jurisdiction in accordance with the law.”

Cheah said the case was of national and public interest as it involved grave accusations of criminal breach of trust, bribery, and money laundering against someone in power and authority at the time he was charged, “seen in tandem and in the light of circumstances of the stage of proceedings in the case, vis-à-vis the continuing power he holds at the executive level as on September 4, 2023”.

In this judicial review, the Malaysian Bar sought the following reliefs:

1. A certiorari to quash the AG’s decision on September 4, 2023, in applying for a DNAA in Zahid Hamidi’s case.

2. A declaration the AG’s decision on September 4, 2023, is null and void and or made in excess of the jurisdictions and or powers under article 145(3) of the Federal Constitution and section 254(1) of the Criminal Procedure Code.

3. A declaration the AG’s decision on September 4, 2023, is null and void and or unreasonable and tainted with irrationality.

4. A mandamus directing the AG to furnish the Malaysian Bar with all information, documentation, reasons, basis, and particulars relied upon in arriving at the decision on September 4, 2023, to apply for a DNAA of Zahid, including (but not limited to), the letters of representation issued by or on behalf of Zahid.

5. A mandamus directing the AG to provide the Malaysian Bar at regular intervals with all information, documentation, reasons, basis, and particulars pertaining to the status of the ongoing and or further investigations on Zahid, which formed part of the reason for arriving at the decision of the AG to apply for a DNAA, including any decision of the AG to recharge, continue trial, or discontinue investigations against Zahid.

6. The Malaysian Bar be granted access to all matters and or documents filed in court, including court recordings, orders and judgments.

Cheah said unsealed copies of the judicial review application, requisite statement and supporting affidavit were served on the AG earlier today.

“The Malaysian Bar cannot emphasise enough the importance of a judicial review process, which is specifically designed to challenge decisions, actions or omissions of public bodies in the event that checks and balances on the executive and legislative are required, and/or where the basic structure of our Federal Constitution is called into question for proper interpretation in the interest of our democracy.” – December 4, 2023.