This was conveyed to the High Court today by senior federal counsel Nurhafizza Azizan, who appeared for the AG.
The AG, as guardian of public interest, may support granting leave or oppose such applications on grounds that they are frivolous.
Justice Alice Loke fixed June 30 to decide whether the Bar’s leave application should be heard or stayed pending the disposal of a related matter before the Federal Court.
On May 7, the Court of Appeal granted the Bar leave to challenge the AG’s decision to seek a discharge not amounting to an acquittal (DNAA) for Zahid from his 47 charges in the Yayasan Akalbudi case.
Nurhafizza said the AG would file a leave application to appeal the matter under Section 96 of the Court of Judicature Act 1964.
“I have instructions to proceed with the leave for judicial review application, but not today,” said Nurhafizza, who was assisted by federal counsel Imtiyaz Wizni Aufa Othman.
Representing the Bar, lawyer S Abhilaash said its judicial review leave application over the NFA should proceed as the Court of Appeal ruling was based on established legal principles.
Zahid’s lawyer, Shahrul Fazli Kamarulzaman, said his client would also file a leave application to appeal the Court of Appeal ruling.
“We have until June 5 to file the application in the Federal Court,” said Shahrul, who was assisted by Hamidi Noh.
Shahrul then urged the court to stay proceedings until the parties return to give the court an update on the status of their leave application to the apex court.
Loke fixed June 30 to hear whether the matter before her should proceed or be suspended.
In its application last month, the Bar said the AG’s decision to discontinue criminal proceedings against Zahid was irrational, unreasonable, and against public interest.
It is seeking a declaration that the NFA decision is null and void and made in excess of the jurisdiction vested in the AG by Article 145(3) of the Federal Constitution and Section 254(1) of the Criminal Procedure Code.
In court filings, the Bar said the NFA decision ran contrary to a ruling made by the trial court on Jan 22, 2022, that the prosecution had established a prima facie case against Zahid.
On Sept 4, 2023, the High Court, acting on the AG’s application, granted Zahid a DNAA on all 47 charges of corruption, money laundering, and criminal breach of trust in the case.
The AG sought the order to allow the Malaysian Anti-Corruption Commission (MACC) to reopen investigations into the case.
In December 2023, the Bar applied for leave to commence judicial review proceedings to challenge the AG’s decision to secure the DNAA, claiming it was irrational and unreasonable.
In June 2024, the High Court dismissed the application.
However, on May 7, the Court of Appeal allowed the Bar’s appeal, ruling that the case should be heard on its merits.
On Jan 28, Zahid filed an application seeking a full acquittal after the AG said the case had been classified as NFA following MACC’s conclusion that there was insufficient evidence to proceed with the trial.
This led the Bar to file another judicial review application last month.