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THE Malaysian Bar Council has secured a significant legal victory at the Court of Appeal after the bench unanimously granted leave for it to initiate judicial review proceedings challenging the Attorney General’s decision in 2023 to discontinue criminal prosecution against Datuk Seri Ahmad Zahid Hamidi through a discharge not amounting to an acquittal (DNAA) in relation to 47 corruption charges linked to Yayasan Akalbudi.
A three-judge panel chaired by Datuk Faizah Jamaludin ruled that the Bar’s application was not frivolous and raised arguable legal questions that warranted full examination at a substantive hearing before the High Court.
Delivering the unanimous decision of the court, Faizah said the issues raised went to the heart of prosecutorial discretion and the legal limits of the Attorney General’s authority in discontinuing criminal proceedings.
“Leave is granted to the Appellant to commence judicial review against the impugned decision of the Attorney General. The matter is remitted to the High Court for a substantive hearing of the judicial review,” she said, referring to the Malaysian Bar as the appellant in the proceedings.
The panel further emphasised that the application raised more than procedural concerns, describing it as involving issues of significant legal substance.
Faizah noted that the challenge mounted by the Malaysian Bar against the decision to halt prosecution against the second respondent, Ahmad Zahid Hamidi, could not be dismissed as trivial.
“The challenge by the Malaysian Bar regarding the position of the Attorney General in discontinuing the prosecution against the second respondent is not frivolous and raises arguable issues.
“This is an unusual, rare and exceptional case which justifies a full judicial review hearing on its merits,” she said.
The Court of Appeal also set aside the earlier decision of the High Court, which had refused to grant leave for judicial review, and ordered that the matter be returned to the High Court for a full substantive hearing.
The panel hearing the appeal comprised Datuk Faizah Jamaludin, Datuk Lim Hock Leng and Datuk Nadzarin Wok Nordin. - May 7, 2026
