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PUTRAJAYA: The Court of Appeal here on Thursday allowed the Malaysian Bar’s appeal in its bid to challenge the prosecution’s decision to apply for a discharge not amounting to an acquittal (DNAA) for Datuk Seri Dr Ahmad Zahid Hamidi in his Yayasan Akalbudi corruption case.

A three-member panel chaired by Justice Datuk Faizah Jamaludin, together with Justices Datuk Dr Lim Hock Leng and Datuk Nadzarin Wok Nordin, ruled that the Bar's application was not frivolous and raised arguable issues that should be heard at the substantive stage.

“This is an appropriate, rare and exceptional case that warrants a full judicial review. Leave is granted to the appellant to commence judicial review against the Attorney-General’s impugned decision. Thus, the High Court’s decision dated June 27, 2024, be set aside.

“The matter is remitted to the High Court for the substantive hearing of the judicial review. There shall be no order as to costs,” Justice Faizah said in the unanimous decision.

On June 27, 2024, the Kuala Lumpur High Court dismissed the Malaysian Bar’s application for leave to commence judicial review proceedings on the grounds that it did not meet the threshold requirements for judicial review. The Bar then filed the appeal.