KUALA LUMPUR: The High Court today dismissed an application by Datuk Seri Dr Ahmad Zahid Hamidi to challenge the constitutionality of the Malaysian Anti-Corruption Commission Act (MACC) 2009 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).
In dismissing Zahid's application, judge Collin Lawrence Sequerah said the application was premature as the trial has not commenced.
The court made the ruling after allowing a prelimenary objection (PO) raised by deputy public prosecutor Datuk Raja Rozela Raja Toran.
"I find myself in agreement with the prosecution that the application to challenge both Sections at this point of time is premature because the trial has not commenced.
"As such the court allows the preliminary objection and dismisses the applicant's application," the judge said.
He also assured that there would be no prejudice by the court by directing the prosecution to give the defence an advance notice when it introduces documents.
He said disputes over the evidence could be raised by the defence during the course of the trial.
Zahid was challenging the constititionality of Section 4(1)(a) of the MACC Act and Section 71 of the AMLATFPUAA.
Earlier, Raja Rozela raised a PO saying that the application was premature and an abuse of the court process.
"Given the fact that the trial has not commenced, there is no live issue.
"In order for the court to decide on the issue (on constititionality of the Sections), a question of law must arise in the trial itself," she said.
Zahid's lead counsel Hisyam Teh Poh Teik meanwhile argued that the prosecution's PO was misconceived.
"We are saying that the provisions are inconsistent with Article 5 of the Federal Constitution.
"This is a live issue and we will be prejudiced in the event the application is not heard and considered by the court," he said.
He then asked for the trial to start.
Zahid is facing 47 charges involving millions of ringgit of Yayasan Akalbudi funds.