Justice Faizah Jamaludin said the statutory body that represents more than 25,000 lawyers had crossed the threshold required for the merits of its case to be heard in the High Court.

“The appellant (Bar) has an arguable case, which is not frivolous,” she said when delivering the unanimous ruling of a three-member panel that allowed the Bar’s appeal.

Also on the panel hearing the appeal were Justices Lim Hock Leng and Nadzrin Wok Nordin.

Faizah said the AG’s decision to obtain a DNAA is amenable to judicial review in “appropriate, rare and exceptional” cases.

On Sept 4, 2023, Zahid, the deputy prime minister and Umno president, was granted a DNAA from 47 charges of corruption, money laundering, and criminal breach of trust, pending further investigations by MACC.

The DNAA order was made despite the High Court earlier ruling that the prosecution had established a prima facie case against Zahid.

At the time the DNAA was granted by Justice Collin Lawrence Sequerah, the trial had already reached the defence stage, with Zahid and 14 other defence witnesses having testified.

In December 2023, the Bar sought leave from the High Court to challenge the AG’s decision to apply for a DNAA in Zahid’s favour.

On June 27, 2024, the Kuala Lumpur High Court dismissed the Bar’s application, giving rise to the present appeal.

In a statement on Jan 8, the AG’s Chambers said the prosecution found insufficient evidence to proceed with the charges following the MACC probe.

Lawyers Ambiga Sreenevasan, Steven Thiru and S Sivaneindiren represented the Bar, and counsel Hisyam Teh Poh Teik appeared for Zahid, while senior federal counsel Ahmad Hanir Hambali acted for the AG.

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