Post by : Shakul

The Malaysian Court of Appeal was informed that the decision to grant a discharge not amounting to an acquittal (DNAA) to Ahmad Zahid Hamidi in his corruption case was made in accordance with the law. The submission was presented during a hearing in Putrajaya on April 15, 2026.

Senior federal counsel Ahmad Hanir Hambaly argued that the public prosecutor acted within constitutional powers while making the DNAA decision. He stated that the move was fully aligned with Article 145(3) of the Federal Constitution and relevant provisions under the Criminal Procedure Code.

According to the counsel, the decision did not violate any legal framework or policy. He emphasized that prosecutorial discretion is independent and cannot be overridden by external directives, reinforcing the legality of the Attorney-General’s actions in the case.

The prosecution further explained that the case was halted due to the emergence of new issues and evidence that required deeper investigation. It was highlighted that continuing the trial without properly reviewing this evidence could compromise the credibility of the legal process and investigative agencies.

The case involves multiple charges, including criminal breach of trust, corruption, and money laundering linked to Yayasan Akalbudi funds. Notably, a significant portion of the trial had already progressed, with dozens of prosecution witnesses having testified before the DNAA was granted.

Meanwhile, legal representatives for the Malaysian Bar challenged the decision, arguing that prosecutorial discretion must always be exercised in the public interest. They pointed out that the trial had reached an advanced stage, raising concerns about the timing of the decision.

After hearing arguments from both sides, the three-judge panel stated that more time is needed to review the matter. The court will announce its decision at a later date, as the case continues to attract public and legal scrutiny in Malaysia.

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