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THE Court of Appeal today dismissed the Attorney General's preliminary objection to the Malaysian Bar's appeal regarding its decision to discontinue proceedings in the corruption case against Datuk Seri Dr Ahmad Zahid Hamidi, involving Yayasan Akalbudi funds.
The three-judge panel of the Court of Appeal, chaired by Datuk Faizah Jamaludin, unanimously dismissed the preliminary objection and set to hear the Bar's main appeal this evening, reported Berita Harian.
Also on the bench were Datuk Dr Lim Hock Leng and Datuk Nadzarin Wok Nordin.
Faizah, who read out the judgment, said the A-G's move to seek a discharge not amounting to an acquittal (DNAA) for Zahid and his subsequent decision to classify the case as no further action (NFA) were distinct matters.
She said the Bar's filing of a judicial review over the NFA decision did not render the present appeal against the High Court's refusal to grant leave to challenge the DNAA — academic.
"Moreover, there are still live and ongoing proceedings challenging the Attorney General's decision to further classify the case against the second respondent as an NFA, and the application for release by the second respondent, which is still pending in the High Court.
"In our view, the fact that the Attorney General has made a subsequent decision to classify the case against the second respondent as an NFA before this appeal is heard, does not prevent this court from hearing the actual appeal in relation to the High Court's decision dismissing the application for leave to appeal against the Attorney General's decision to apply for DNAA," she said.
The High Court dismissed the Malaysian Bar's application for leave to commence the judicial review proceedings on 26 June 2024.
Through an application on 2 December 2023, the Bar, which named the Attorney General and Ahmad Zahid as respondents, sought an order that the Attorney General's decision requesting that the Deputy Prime Minister be released without bail on 4 September 2023, be quashed. – April 8, 2026