Post by : Shakul
During a recent hearing at the Malaysian Court of Appeal, it was asserted that the discharge not amounting to an acquittal (DNAA) granted to Ahmad Zahid Hamidi in his corruption case adhered strictly to legal standards. This submission came forth in Putrajaya on April 15, 2026.
Senior federal counsel Ahmad Hanir Hambaly emphasized that the public prosecutor acted well within constitutional mandates while arriving at the DNAA decision. He noted that this move was in full compliance with Article 145(3) of the Federal Constitution and applicable provisions outlined in the Criminal Procedure Code.
He insisted that the decision did not breach any legal framework or public policy. Furthermore, he clarified that prosecutorial discretion is autonomous and remains unaffected by external pressures, thus validating the Attorney-General's course of action in the matter.
The prosecution additionally mentioned that the trial's progression was curtailed due to the surfacing of new issues and evidence that require careful examination. It was noted that proceeding with the trial without fully investigating this evidence could jeopardize the integrity of the legal process.
The proceedings involve various charges, including criminal breach of trust, corruption, and money laundering related to Yayasan Akalbudi funds. It is important to highlight that substantial aspects of the trial had already occurred, with numerous prosecution witnesses having testified before the DNAA was issued.
Concurrently, legal representatives from the Malaysian Bar contested this decision, arguing that prosecutorial discretion must prioritize public interest. They raised concerns regarding the timing given that the trial was at an advanced stage.
After receiving arguments from both parties, the three-judge panel indicated that they would need additional time to deliberate on the matter. The court will reveal its decision at a future date, as the case remains under significant public and legal scrutiny in Malaysia.
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