The Court of Appeal on 7 May 2026 unanimously allowed the Malaysian Bar’s appeal and granted leave to commence judicial review against the Attorney General’s decision to discontinue the prosecution and seek a discharge not amounting to an acquittal (DNAA) in respect of 47 charges against Dato’ Sri Ahmad Zahid Hamidi.
The Court of Appeal further held that the chronology of events, the prima facie finding after maximum evaluation of evidence, the advanced stage of the proceedings, and the practical finality of the discontinuance rendered the challenge plainly arguable and suitable for substantive determination.
The matter has been remitted to the High Court for the substantive hearing of the judicial review.
Our Managing Partner, Mr Steven Thiru, and Associate, Gurjeevan Sachdev, were part of the team acting for the Malaysian Bar.
The Grounds of Judgment of the Court of Appeal may be accessed here.