KUALA LUMPUR – The Malaysian Bar is proposing that several matters related to its judicial review application over Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi’s conditional discharge (DNAA) on his corruption case be considered by the Federal Court.
Representing the Bar during the proceedings at the high court here today, Datuk Ambiga Sreenevasan said the Bar, as the applicant of the judicial review, intends to put forth an application under Section 84 of the Courts of Judicature Act 1964 for certain issues to be referred to the Federal Court.
“The arguments (to be submitted by the applicant) are quite complex and we believe this will be an appropriate case. We’ll be submitting the (Section 84) application within two weeks or by January 26.”
Ambiga informed the court of the Bar’s intentions only after senior federal counsel Ahmad Hanir Hambaly on behalf of the Attorney-General’s Chambers (AGC) told the court at length his arguments about why the judicial review application should not be granted leave.
This prompted high court judge Datuk Amarjeet Singh to chide Ambiga, a former Bar president, saying: “You (Ambiga) should have gotten up (earlier) and said that the (Bar) wants to do something else.”
Hanir added that while he was informed on Monday of the applicant’s intent to seek for the Federal Court to review some matters, he had expressed disagreement with the application and maintained that his position would be to resist the application, “especially now”.
Lawyer Datuk Hisyam Teh Poh Teik, representing Zahid, also expressed similar sentiments, saying: “We have not been informed (of the Section 84) application. We’re of the same position as (Hanir) – we’re resisting the application.”
Ambiga did not disclose the nature of issues relating to the judicial review application the Bar is seeking to bring to the Federal Court’s attention.
The hearing for leave to proceed with the judicial review application has been adjourned, with judge Amarjeet setting February 6 for case mention via online proceedings.
Section 84(1) of the act states that if during high court proceedings, a question arises as to the effect of constitutional provisions, the judge hearing the proceedings may stay the case to await the Federal Court’s decision on the matter.
Meanwhile, Section 84(2) stipulates that a stay order on proceedings may be made by the judge of his own motion or on the application of any party and shall be made at such a stage deemed fit by the judge.
In an application filed on December 2 last year, the Malaysian Bar had named the AGC and Zahid as respondents in their application for the discharge not amounting to an acquittal (DNAA) granted to the deputy prime minister to be rescinded.
It is also seeking for a declaration that the attorney-general’s decision was null and void as well as “unreasonable and tainted with irrationality”, or made in excess of the jurisdiction and powers under Article 145(3) of the Federal Constitution and Section 254(1) of the Criminal Procedure Code (CPC).
The Bar, as the sole applicant, is also seeking access to the representation letters sent by Zahid to the AGC and a mandamus order from the court to instruct the attorney-general to act in accordance with the law and if applicable, act under Section 254A of the CPC to prosecute Zahid again.
A mandamus is an order from court to government officials in ordering the latter to properly fulfil their official duties or correct an abuse of discretion.
Zahid has since opposed the judicial review application, with an affidavit filed on January 4 arguing that the Bar has no “locus standi” or legal standing to challenge his DNAA as the legal association was not an aggrieved party of the criminal charges against him.
On September 4, the AGC, then led by former attorney-general Tan Sri Idrus Harun, had instructed the prosecution to apply for a DNAA on all 47 of Zahid’s corruption, criminal breach of trust and money laundering charges involving his foundation, Yayasan Akalbudi.
The call was met by criticism from certain quarters, prompting Prime Minister Datuk Seri Anwar Ibrahim to defend Idrus, saying that the ex-attorney-general had decided to submit the application for a DNAA after reviewing facts of the case. – January 11, 2024