The Bar intends to include, as part of the appeal record, the AG’s media statement issued last month on the matter. The statement said that Zahid was allowed a discharge not amounting to an acquittal (DNAA) on grounds that there was insufficient evidence to proceed to trial.

The application, filed last week and sighted by FMT, was made under Rule 7(3A) of the Rules of Court of Appeal 1994, Section 69(2) of the Courts of Judicature Act 1964 and the inherent jurisdiction of the Court of Appeal.

Bar secretary Murshidah Mustafa has filed an affidavit to support the application.

The Court of Appeal is scheduled to hear the appeal on April 8.

On June 27, 2024 the High Court in Kuala Lumpur dismissed the Bar’s application for leave to commence judicial review proceedings to challenge the AG’s decision to discontinue the case against Zahid.

Justice Amarjeet Singh ruled that the AG had no duty to furnish the Bar with any documents from the Malaysian Anti-Corruption Commission’s (MACC) investigations into the case.

Murshidah said the application was filed as Zahid already had a pending application in the High Court seeking to convert the DNAA into a full acquittal following the AG’s press release.

Justice Nurulhuda Nuraini Nor is scheduled to hear the matter on Tuesday.

On Sept 4, 2023, the High Court granted Zahid the DNAA on 47 charges of corruption, money laundering and criminal breach of trust to allow further investigations by MACC.

Justice Collin Lawrence Sequerah granted the application despite previously ruling that the prosecution had established a prima facie case against Zahid on all charges.

The case was already at the defence stage when the DNAA was granted, with Zahid and several other defence witnesses having already testified.