KUALA LUMPUR: The Bar Council has filed for a judicial review on the Attorney General's decision to apply for a discharge not amounting to an acquittal (DNAA) in the case involving Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.
In a letter sighted by the NST, signed by Malaysian Bar President Karen Cheah Yee Lynn said it has initiated legal proceedings in the Kuala Lumpur High Court today, seeking judicial review over the AG's decision of Sept 4 in applying to the Court for a discharge not amounting to an acquittal in the 47 corruption charges against Zahid.
"Having considered at length the facts and circumstances of Zahid's case, the Malaysian Bar has taken this 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 which commenced more than four years ago on Nov 18,2019, where a prima facie case was established - with 77 days of trial having been conducted, Zahid's 15th witness giving evidence, and the matter being in the midst of its defence stage on Sept 4, 2023 - 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 as at 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 its revisionary powers and inherent jurisdiction in accordance with the law," Cheah wrote.
She added that Zahid's case is a national and public interest case as it involves grave accusations of criminal breach of trust, bribery, and money laundering against an individual in power and authority at the time he was charged.
In this judicial review filed, the Bar Council seeks, among others, the following reliefs:
A. A certiorari to quash the AG's decision of Sept 4, 2023 in applying for a DNAA in the case;
B. A declaration on that the AG's decision of Sept 4, 2023 is null and void and/or made in excess of the jurisdictions and/or power under Article 145(3) of the FC and section 254(1) of the Criminal Procedure Code;
C. A declaration that the AG's decision of Sept 4,2023 is null and void and/or unreasonable and tainted with irrationalty;
D. A mandamus directing the AG to furnish the Bar Council with all information, documentation, reasons, basis, and particulars upon arriving at the decision to apply for a DNAA of Zahid, including (but not limited to), the letters of representation issued by or on behalf of Zahid;
E. A mandamus directing the AG to provide the Bar Council at regular intervals with all information, documentation, reasons, basis and particulars pertaining to the status of the ongoing and/or further investigations 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 him and,
F. The Bar Council to be granted access to matters and/or documents filed in Court, including court recordings, orders, and judgments.
Cheah said the unsealed copies of the judicial review application, requisite statement, and supporting affidavit, were served on the AG earlier today.
She said the Bar Council could not emphasise enough the importance of a judicial review process which is specifically designed to challenge the decision or actions of public bodies in the event that checks and balances on the Executive and Legislative are required, and/or where the basic structure of the Federal Constitution is called into question for proper interpretation n the interest of the country's democracy.