Syed Amir Syakib Arsalan Syed Ibrahim said his application did not challenge the attorney-general’s (AG) discretion to apply for a discharge not amounting to acquittal (DNAA), nor did it seek to predetermine any prosecutorial outcome.
“Instead, it seeks clarity, accountability, and timely resolution following the reasons that were publicly advanced to justify the DNAA, namely that further and more comprehensive investigations were required.
“More than a year has passed, and no public update has been provided as to whether those investigations have been concluded or when a final prosecutorial decision will be made,” he said in a statement.
He said the application also sought the court’s supervisory assistance to ensure that the investigations are completed within a reasonable time, and that this was important not only for public confidence but also the integrity and finality of the criminal justice system.
“The application also seeks appropriate directions relating to the completion of investigations by the Malaysian Anti-Corruption Commission (MACC) and subsequent prosecutorial review, as well as limited declaratory relief on the proper use of DNAA in accordance with the rule of law.”
It is understood that the lawyer’s application for leave was filed at the Kuala Lumpur High Court this morning.
In 2023, the High Court granted Zahid a DNAA over 47 charges of corruption, money laundering and criminal breach of trust.
The AG sought the DNAA premised on representations made by Zahid’s defence team to the prosecution, which claimed that MACC was still investigating developments in the case.
In his originating summons, Syed Amir is seeking a declaration that a DNAA granted on the basis of “further investigation” cannot be lawfully indefinitely maintained without reasonable diligence, progress and conclusion.
He is also asking the court to declare that reliance on a royal commission of inquiry or other executive processes does not suspend or replace the constitutional duty of the prosecution to make a final determination.
Alternatively, he is applying for the court to direct the AG to disclose whether the investigations relied upon to justify the DNAA have been completed and if so, to explain why no prosecutorial decision has been made.
Last year, High Court judge Amarjeet Singh rejected the Malaysian Bar’s application for leave to commence judicial review proceedings to challenge the AG’s decision to discontinue the corruption case against Zahid.