Senior federal counsel Ahmad Hanir Hambaly said the Federal Constitution and Criminal Procedure Code grant the attorney-general, who also acts as the public prosecutor, unfettered discretion to seek the discharge of an accused person.

“(The Federal Constitution and Criminal Procedure Code) do not prescribe when the attorney-general can seek (an accused person’s) discharge, as long as the discharge is made before judgment is delivered,” he said.

Hanir was responding in the Malaysian Bar’s application for leave to challenge the attorney-general’s decision to discontinue Ahmad Zahid Hamidi’s corruption case.

Last year, the High Court had, on the prosecution’s application, granted the deputy prime minister a discharge not amounting to acquittal in respect of 47 charges brought against him for corruption, money laundering and criminal breach of trust.

Last month, the Bar filed its application in a bid to quash the attorney-general’s decision to pursue the discharge.

Hanir said the Bar failed to show concrete evidence warranting leave to challenge the decision at an inter partes hearing.

Meanwhile, lawyer Ambiga Sreenevasan informed the court that the Bar intends to file an application to refer certain constitutional questions to the Federal Court.

She said the application would be filed within the next two weeks.

Both Hanir and Hisyam Teh, representing Zahid, informed the court that they would object to the reference bid.

Hanir said the Bar had informed him last week of its decision to file the reference to the apex court.

The High Court has set the case for case management on Feb 6.