The Malaysian Bar is moving to introduce new evidence in its ongoing effort to challenge the attorney-general’s (AG) decision to discontinue the Yayasan Akalbudi corruption case against Umno president Ahmad Zahid Hamidi.
As part of the appeal record, the Bar seeks to include the AG’s media statement issued last month, which noted that Zahid was granted a discharge not amounting to an acquittal (DNAA) due to insufficient evidence to proceed to trial.
The application, filed last week and reviewed by FMT, invokes Rule 7(3A) of the Rules of Court of Appeal 1994, Section 69(2) of the Courts of Judicature Act 1964, and the inherent jurisdiction of the Court of Appeal. Bar secretary Murshidah Mustafa has filed an affidavit to support the motion.
The Court of Appeal is scheduled to hear the appeal on April 8.
Previously, on June 27, 2024, the Kuala Lumpur High Court dismissed the Bar’s application for leave to initiate judicial review proceedings against the AG’s decision. Justice Amarjeet Singh ruled that the AG was not obliged to provide the Bar with documents from the Malaysian Anti-Corruption Commission’s (MACC) investigations into the case.
Murshidah explained that the current application was made as Zahid has a pending High Court application seeking to convert the DNAA into a full acquittal following the AG’s press release. Justice Nurulhuda Nuraini Nor is set to hear that matter on Tuesday.
The DNAA was granted on September 4, 2023, by the High Court for 47 charges of corruption, money laundering, and criminal breach of trust, allowing MACC to conduct further investigations. Justice Collin Lawrence Sequerah approved the DNAA even after previously ruling that the prosecution had established a prima facie case against Zahid on all charges.
At the time the DNAA was granted, the case had reached the defence stage, with Zahid and several other defence witnesses having already testified.
