PUTRAJAYA, Oct 8 — The Federal Court today allowed Datuk Seri Dr Ahmad Zahid Hamidi and the Attorney-General (AG) leave to appeal against the Court of Appeal’s decision allowing the Malaysian Bar to commence a judicial review challenging the prosecution’s decision to discontinue the Yayasan Akalbudi corruption case.
A three-man bench comprising Chief Judge of Malaya Datuk Seri Hashim Hamzah and Federal Court judges Datuk Nordin Hassan and Datuk Che Mohd Ruzima Ghazali held that the case raises novel constitutional issues of public importance that require clarification and final determination by the Federal Court.
Delivering the unanimous decision, Justice Hashim said the case concerns the threshold for granting leave to commence a judicial review when the AG’s prosecutorial discretion under Article 145 (3) of the Federal Constitution is being challenged.
