The Malaysian Bar has applied for a court order to compel the Attorney-General’s Chambers (AGC) to reinstate all 47 charges of criminal breach of trust, corruption and money laundering against Deputy Prime Minister Ahmad Zahid Hamidi.
According to reports, the Bar filed a judicial review to challenge the attorney-general’s Jan 8 decision to classify all criminal cases involving Yayasan Akalbudi funds as no further action (NFA).
Court documents cited by New Straits Times state the Bar argued the decision was “tainted by irrationality, was unreasonable, and contrary to public interest”.
It also contended that the move lacked adequate reasons and supporting material and went against established prosecutorial guidelines.
“The decision was inconsistent with the High Court’s earlier ruling on Jan 24, 2022, which found that the prosecution had established a prima facie case against Zahid and ordered him to enter his defence on all charges.
“The said decision was contrary to public interest, in view of the dissipation of substantial judicial time and resources, as well as public funds.
“The decision to grant NFA was made without support from facts and evidence,” the Bar said.
The application, filed by Abhilaash Subramaniam & Co at the Kuala Lumpur High Court, names the attorney-general and Zahid as respondents.
On Sept 4, 2023, the High Court granted Zahid a discharge not amounting to an acquittal (DNAA) on all 47 charges, pending further investigations by the Malaysian Anti-Corruption Commission.
Trial judge Collin Lawrence Sequerah allowed the application despite previously ruling that the prosecution had established a prima facie case.
The case had already reached the defence stage, with Zahid and 14 witnesses having testified.
On Jan 8, the AGC said further investigations had been conducted, covering the source, acquisition and use of funds, including matters raised in six representations submitted after Zahid was called to enter his defence.
The Malaysian Anti-Corruption Commission later said that, after reviewing all materials and new evidence, it found insufficient grounds to proceed with the prosecution.
Attorney-General Dusuki Mokhtar said on Jan 12 that the NFA decision was made after carefully reviewing the six representations.
On Feb 3, Zahid applied for a full acquittal following the AGC’s decision to halt further action on the charges.