Saturday, May 09, 2026

When 'victims' LIE? Compensation for accussed? ORANGE T-Shirts unjust and prejudicial to FAIR TRIAL? End pre-conviction punishment that imposes suffering on the presumed INNOCENT?

A 26-year-old factory worker was discharged and acquitted by the Sessions Court here today after the prosecution withdrew a rape charge when the complainant testified that she had not been raped. 

What is JUST when the accuser/victim admit that they lied? The consequence of this 'FALSEHOOD' caused a person/entity to suffer - REMANDED for 4 months and then had for about 2 years suffering the 'worry' of being convicted on a FALSE CHARGE based on false testimonies..

NOW, it becomes the accused who is the REAL victim here ...and JUSTLY he/she should be COMPENSATED - sadly the criminal law does not provide for this YET - now, all the law provides for is that the CONVICTED criminal pays compensation for the VICTIM - and here too there was a problem for in MOST Criminal Trials in Malaysia, we find that the Court FAILED to order compensation to be paid to VICTIMS...

Failure Of Public Prosecutor to Apply to Court for Compensation for Victims of Crime to Be Paid by the Convicted, Including Those Who Cause Death, is Unforgivable

Now, when a person is 'wrongly' arrested as suspect OR Remanded OR even charged in COURT - that suspect/accused suffers GREAT PREJUDICE as the public perceives them as 'CROOKS' even before the TRIAL and before the Court decides them guilty beyond reasonable DOUBT - the principle of PRESUMPTION of INNOCENCE until tried and proven GUILTY in Court is 'forgotten' - and worse is the fact that the STATE and current practices contributes to this 'Defamation' creating Prejudice to suspects and/or accused...This includes MEDIA Statements by police/Law Enforcement and also the practice of parading suspects/accused persons in ATTIRES that propagate this prejudice...

ABOLISH the practice of making arrestees/suspects wear them glaring ORANGE T-SHIRTs when they are brought to Court for just REMAND applications...

ABOLISH the practice of making accused(only those in Detention who could not afford bail, or were denied Bail) have to wear prison attire when they come to court.

What you wear, and how you look(unkempt and hair not combed) will definitely ALSO affect Magistrates and Judges, because they too are Human... and if suspects/accused persons are discriminated by reason of what they WEAR, their unshaven face, their uncombed hair - it is, in my opinion, a GROSS violation of human rights, and my be a also violation of the right to a FAIR Trial.

Those not detained or out on BAIL can come to court all decent and properly attired liked Najib Tun Razak - so, ALL SUSPECTS/ACCUSED who come before Magistrate for Remand proceedings, and before Magistrate/Judges for TRIALS should be allowed to appear well-dressed, shaven, hair combed - and without 'DISCRIMINATORY' T-Shirts, attires - REMOVE all that will PREJUDICE suspects/accused and ensure FAIR TRIAL.

RIGHT TO APPEAR Before Magistrate/Courts and in PUBLIC in their own attire, or with proper attire in line with the PRESUMPTION OF INNOCENCE ...

The attire of an accused person in court can significantly influence judge perceptions, potentially creating prejudice, as legal professionals often advise that appearance affects trial outcomes. Studies indicate that defendants in prison garb are seen as more aggressive and receive more guilty verdicts than those in business attire  


Hence, the SOLUTION - give arrested suspects when they are brought for REMAND applications, or as accused in court the right to wear normal clothes - not SPRM or other T-shirts, or Prison attire > so that they are 'protected' from prejudice by others..

Of late, a lot of pictures in MEDIA and people see this, and inadvertently believe them to be 'GUILTY' or criminals - it affects their family, children and even close friends. 

The consequence is the SUFFERING of so many by reason of action by the government/State > no problem with what they wear in Detention - But problem when they are paraded in public with such lock-up attires...

MACC 'Corporate Mafia' scandal highlights how such actions can pressure even the INNOCENT to sell shares/appoint Directors/etc ...just because they want to avoid such EMBARRASSMENT and wrong perception  - Hence, Time to do the RIGHT THING....

Najib came to court in coat and suit - whilst others are brought to court in prison clothing (with handcuffs too) as though they are already GUILTY?

MEDIA cover the arrest and the remand application ...and even maybe the start of trial or the charging >>> BUT then, NOT SO when the suspect is RELEASED and not charged, or when the accused is released (unless it is some high profile politician/personality) > THUS, a great injustice..

PER-CONVICTION PUNISHMENT is something that even our Prime Minister Anwar Ibrahim is against...

PM Anwar Ibrahim was also right when he said “…Before a sentence is passed, suspects should not be punished beforehand,” he said in his speech during the 25th SUHAKAM anniversary here today (BERNAMA, 9/9/2024).- GISBH – Do Not Impose Pre-Conviction ‘Punishment’, Which May Caused Irreversible Damage to Business and Workers, Based on Allegations or Police’s Suspicions Before the Court Makes A Determination Of Guilt (MADPET)

 

SO, treat them as INNOCENT - do not make them wear ORANGE T-SHIRTS or prison garb when they are brought into the OPEN visible to the PUBLIC. 

Maybe also no pictures of mere suspects and/or in prison attire to be published in MEDIA that will also be 'per-conviction punishment'.

Global Ikhwan Services and Business Holding (GISBH) - What happened to them is a BIG CONCERN - Were they victims of SOME, maybe even PM Anwar's MADANI Government? 

In the beginning, we were given the picture that they were MUSLIM DEVIANTS and ran child-care facilities, where children were subjected to ABUSE even Sexual ABUSE. 

Then GISBH, its members, shareholders/Directors/employees was said to be members of an ‘organized criminal group’, which led to many being detained under SOSMA and denied BAIL > then charge amended that they are just 'members of unlawful society' - if charged with that offence, they would have not had to languish in detention because law denies BAIL.  

The Shah Alam High Court today sentenced GISB Holdings Sdn Bhd (GISBH) chief executive officer Nasiruddin Mohd Ali and Mohammad Adib At-Tamimi, the son of former Al-Arqam founder Ashaari Muhammad, along with 11 other men, to 15 months’ jail each for being members of an unlawful organisation....They were initially charged with being members of an organised criminal group under Section 130V(1) of the Penal Code, which provides imprisonment of not less than five years and a maximum of 20 years upon conviction.... They were ordered to serve their sentences from the date of their arrest, which was between September 2, 2024, and October 12, 2024.

About 13 months in Detention because they were charged with a SOSMA offence - and there was no indication that trial was going to start any time soon. 

Why did prosecution alter the charge if they were truly members of an organised criminal group - or was that charge itself an 'abuse of power' of the Public Prosecutor to simply accord them a 'pre-conviction punishment' of languishing in jail for a long time denied a speedy trial? That is why the guarantee of SPEEDY TRIAL is an important HUMAN RIGHT that must be accorded to accussed persons in Detention, denied Bail? 

An uncertainty of when the trial will start and end - DENIAL of the right of the accused to prove their innocence in court during a trial. Did the confess to the lesser non-SOSMA offence to escape prolonged detention - the cause would be the Public Prosecutor failure to begin and end trial fast?

With GISBH, most of the business premises(if not ALL) seem to have closed > What happened to the employees and those who depended on these businesses for their income.

Then, ACCOUNTS were frozen - but the offences have still not been proven in Court to date??? 

ONE may wonder whether the CRACKDOWN on GISBH was an intentional abuse of power by State? For what reason? Some say because in GISBH (and previously Arqam) they were DESTROYING the myth that the Malay will not survive or succeed without government help or the help of then dominant Malay parties - because Arqam then, and Ikhwan later, was doing just that > succeeding economically without anybodies help - Would this affect UMNO and other Malay political parties support???? Questions to ponder on.

We will discuss this in Greater Depth later - BUT do you think the 'pre-conviction' suffering on the presumed INNOCENT can still be justified? 

SHOULD we be asking whether the laws about FREEZING of ACCOUNTS and other interference with business ought to be REVIEWED - for it looks like pre-conviction punishment??? Should accounts not be FREEZED until the accused has been TRIED and proven GUILTY in Court > UNJUST to stop usage of moneys in accounts that are needed for business, salaries and income - at least not until the end of TRIAL that results in CONVICTION. 

OK to prevent monies from flowing overseas??? (which should have been done when there RM2 Billion Plus in Najib's Account) - but to completely deny access to one's money before the offence is proven in Court after a FAIR Trial is wrong and MOST UNJUST > the law need to be REVIEWED >> business should not be prematurely killed, and people denied access to salary and living expenses...

ALL this freezing of accounts forcing GISBH businesses to close happened in 2024 - and it is now May 2026 >> Businesses closed and livelihoods affected > IF at the end of the day, they are found NOT GUILTY - it is most difficult to ensure JUSTICE be done (around 8-10 Business premises in Temerloh now closed for some time) - and I believe what was done was UNJUST - OK to sentence after Trial and CONVICTION - but then until now the TRIAL is yet to Start - But GISBH has already been punished as their accounts have been frozen, businesses closed,...???

A total of 331 money laundering charges involving more than RM38.1 million against the former chief executive officer (CEO) and three accountants of GISB Holdings Sdn Bhd (GISBH) will be heard before the same judge....All accused were charged under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries up to 15 years' imprisonment and a fine of at least five times the value of the proceeds or RM5 million, whichever is higher, upon conviction.-NST, 29/1/2026

And still the TRIAL not commenced after it all started in 2024 - Is it just for the CLOSURE of Business establishment and FREEZING of company accounts BEFORE TRIAL and Convictions? I THINK NOT - FIND THEM GUILTY FIRST IN COURT AFTER A FAIR TRIAL AND THEN COMES THE 'SENTENCE' and PUNISHMENT?

Domestic Trade and Cost of Living Minister Datuk Armizan Mohd Ali said that the offences identified by the Companies Commission of Malaysia (SSM) include failure to lodge the company's annual returns, failure to prepare Financial Statements, and failure to display the company's name and registration number at the place of business...

If you look at the offenses now - it is LAME - and unjust to freeze bank accounts or 'close' premises... 

What is MOST SAD is that even after the trials - and the GISBH and persons related are found to be NOT GUILTY by court on the money laundering allegations, the company offenses, etc > They have already suffered UNJUST pre-conviction punishment that can never be REVERSED..

What happen to all that CHILD ABUSE and SEXUAL ABUSE allegations against GISBH - was it all 'Lies" just to kill GISBH and its businesses? If some worker commits the crime - you cannot blame GISBH for the crime of some 'bad' workers..

Can we blame ANWAR IBRAHIM or the MADANI Government for the crimes of some bad public officers? As PM, he is responsible for all actions of government ultimately...

  

 
 

 

 

 

 

 

 

'I wasn't raped': Court frees man after charge withdrawn

By New Straits Times
April 30, 2026 @ 6:59pm
facebook sharing button
twitter sharing button
whatsapp sharing button

KUALA SELANGOR: A 26-year-old factory worker was discharged and acquitted by the Sessions Court here today after the prosecution withdrew a rape charge when the complainant testified that she had not been raped.

The development came during cross-examination by the defence, prompting the prosecution to apply for the charge to be withdrawn.

Judge Nurul Mardhiah Mohammed Redza allowed the application by deputy public prosecutor Muhammad Azamuddin Razak, bringing the case, which had dragged on for more than two years, to an end.

The accused had been charged under Section 376(1) of the Penal Code, which carries a sentence of up to 20 years' imprisonment and whipping upon conviction.

He was accused of raping a woman at a premises in Bestari Jaya about 10.30am on April 21, 2024.

According to the charge, the alleged offence took place at Lot 1501A, Jalan Bakti, Simpang Tiga Ijok, within the Kuala Selangor district.

Defence counsel S. Vinesh said his client had been remanded for about two months at the initial stage of the case before being released on bail, which his family struggled to afford.

"During trial, when cross-examined by the defence, the complainant herself stated, 'saya tidak dirogol', following which the prosecution withdrew the charge.

"This raises serious concerns as to the manner in which the investigation was conducted. While genuine victims must always be protected, investigations must be carried out with proper care, objectivity and diligence to ensure that no person is unjustly deprived of his liberty," he said.

The accused maintained his innocence throughout the proceedings. - NST, 30/4/2026

GISBH CEO, son of ex-Al-Arqam leader among 13 men jailed for 15 months over unlawful group membership

This file picture shows GISB Holdings Sdn Bhd CEO Nasiruddin Mohd Ali (centre) at the High Court in Shah Alam February 12, 2025. — Bernama pic
This file picture shows GISB Holdings Sdn Bhd CEO Nasiruddin Mohd Ali (centre) at the High Court in Shah Alam February 12, 2025. — Bernama pic

KAJANG, Nov 7 — The Shah Alam High Court today sentenced GISB Holdings Sdn Bhd (GISBH) chief executive officer Nasiruddin Mohd Ali and Mohammad Adib At-Tamimi, the son of former Al-Arqam founder Ashaari Muhammad, along with 11 other men, to 15 months’ jail each for being members of an unlawful organisation.

Apart from Nasiruddin, 66, and Mohammad Adib At-Tamimi, 33, the other men are Mohd Shukri Mohd Noor, 54; Muhammad Afdaluddin Latif, 35; Mohamad Sayuti Omar, 36; Mohd Fazil Md Jasin, 58; Mohd Dhirar Fakhrur Razi, 35; Mokhtar Tajuddin, 61; Muhammad Fajrul Islam Khalid, 29; Abu Ubaidah Ahmad Shukri, 35; Shuhaimi Mohamed, 57; Hasnan Abd Hamid, 54; and Muhammad Zahid Azhar @ Nadzri, 52.

Judge Datuk Seri Latifah Mohd Tahar meted out the sentence during a proceeding held at the Kajang Prison Complex after they pleaded guilty to the charge.

They were ordered to serve their sentences from the date of their arrest, which was between September 2, 2024, and October 12, 2024.

Meanwhile, Nasiruddin’s wife, Azura Md Yusof, 58, and eight other women were each fined RM4,500, in default seven months’ imprisonment, after pleading guilty to the same charge.

The eight women are Khalilatul-Zalifah Mohammad Jamil, 28; Nur Jannah Omar, 33; Hamimah Yakub, 72; Asmat @ Asmanira Muhammad Ramly, 45; Nurul Jannah Idris, 29; Siti Salmiah Ismail, 58; Siti Hajar Ismail, 52; and Mahani Kasim, 55.

They were initially charged with being members of an organised criminal group under Section 130V(1) of the Penal Code, which provides imprisonment of not less than five years and a maximum of 20 years upon conviction.

However, following a representation from all the accused,  the Attorney General’s Chambers offered them an alternative charge, with becoming members of GISBH, which is an unlawful organisation.

They are charged with committing the offence at a premises in Bandar Country Homes, Rawang, between October 2020 and September 11, 2024.

The charge is framed under Section 43 of the Societies Act 1966 (Act 335) and is punishable with a maximum sentence of three years imprisonment or a fine not exceeding RM5,000 or both, if convicted.

Before handing down the sentence, Judge Latifah said the court took into consideration the guilty pleas of all the accused to the alternative charge, after hearing the prosecution’s aggravating submissions and the defence’s mitigation pleas.

“There are 13 male accused in this case, and the court has taken into account their guilty pleas to the alternative charge, as well as their expression of remorse and regret over their actions. The court also considered the fact that they have been in remand for 13 months,” she said.

As for the female accused, the judge said the court also took into account their guilty pleas and the period they spent in remand, which was about six months, before being granted bail. — Bernama, Malay Mail, 7/11/2025

LETTER | Immediate action needed on call for RCI into GISBH case
Suhakam
Published:  Oct 11, 2024 11:44 AM
Updated: 11:44 A

LETTER | Suhakam firmly supports the Office of the Children’s Commissioner’s (OCC) recommendation to establish a Royal Commission of Inquiry (RCI) to investigate the grave allegations surrounding the Global Ikhwan Services and Business Holdings (GISBH) case.

The reported human rights violations, including mistreatment, exploitation, and abuse of children, call for urgent and decisive action.

Suhakam asserts that an RCI is the most effective mechanism for ensuring a thorough, impartial, and transparent investigation into these serious allegations. Establishing the RCI will not only hold perpetrators accountable but also address the systemic failures within the regulatory and enforcement agencies tasked with child protection.

Impunity for violations of children’s rights cannot be tolerated. The inquiry must pave the way for justice for the victims and comprehensive reforms to strengthen Malaysia’s child protection framework.

The GISBH case exposes significant lapses in oversight and governance, with the alleged abuses reportedly going unnoticed for over 10 years. Suhakam stresses that the inquiry should prioritise identifying institutional weaknesses that allowed such violations to persist unchecked.

There is an urgent need to streamline governance for child protection and alternative care institutions under a unified agency or authority.

The case highlights a fragmented regulatory framework, where different homes fall under various jurisdictions, including State Islamic Religious Councils, the Social Welfare Department, and, in some instances, the Education Ministry. This fragmentation has led to inefficiencies and catastrophic failures in allowing children to fall through the cracks.

Re-examine existing oversight mechanisms

Children’s commissioner Farah Nini Dusuki reiterates that establishing an RCI will not only uncover the root causes of these abuses but also propel necessary legal and institutional reforms to prevent such cases from recurring. It is time to re-examine existing oversight mechanisms and ensure robust protections across all institutions responsible for children’s care and welfare.

Suhakam calls on the government and all relevant authorities to act swiftly in supporting the establishment of the RCI. Such an inquiry will send a powerful message of the government’s commitment to justice, transparency, and the protection of children.

The RCI must provide a platform for victims, their families, and the public to voice their concerns, seek justice, and achieve closure.

Moreover, Suhakam urges all parties involved to fully respect the victims’ rights, particularly the children, throughout the investigative process.

Protecting children from all forms of abuse, exploitation, and neglect is a fundamental obligation under Malaysian law and international human rights standards, including the Convention on the Rights of the Child, to which Malaysia is a party.

In reaffirming our commitment to upholding human rights in Malaysia, Suhakam stands ready to assist the RCI in pursuing justice and accountability.

We are dedicated to ensuring that this inquiry not only delivers justice for the victims but also brings about the comprehensive reforms necessary to protect future generations of children from similar exploitation. - Malaysiakini, 11/10/2024

GISBH slapped with 50 SSM compounds, 12 investigation papers sent to A-GC

By Zaf Seraj, Luqman Hakim
February 12, 2026 @ 12:11pm
facebook sharing button
twitter sharing button
whatsapp sharing button

KUALA LUMPUR: A total of 50 compounds have been issued to Global Ikhwan Services and Business Holdings Bhd, with 27 compounds still unresolved, up to Feb 1.

Domestic Trade and Cost of Living Minister Datuk Armizan Mohd Ali said that the offences identified by the Companies Commission of Malaysia (SSM) include failure to lodge the company's annual returns, failure to prepare Financial Statements, and failure to display the company's name and registration number at the place of business.

"As of Feb 1, SSM has taken enforcement action by issuing 50 compounds against the GISB group of companies, of which 27 remain unpaid," he said in a written parliamentary reply last night.

He also said that SSM had completed its investigation of the 12 main companies of the group and handed it to the Attorney-General's Chambers (A-GC) on Aug 4, 2025.

"The matter is currently pending further instructions from the deputy public prosecutor at the (A-GC)," he said.

Armizan also said that the companies under GISB were still registered under SSM, pending prosecution decisions.

"For now, the registration of GISB companies remains in the SSM records pending a decision and official instructions from the prosecution.

"The government assures that no company will be protected if found to have breached the law, and that any further action, including prosecution or cancellation of registration, will be carried out fully in accordance with the law," he said. - NST, 12/2/2026

 

Friday, May 08, 2026

Judicial Review of the PUBLIC Prosecutor's decision is VITAL to prevent 'abuse of power' - Court says YES to Bar application to review decision that led to Zahid's DNAA?

GREAT NEWS when the Court of Appeal allowed the Malaysian Bar's application for a Judicial Review of the Public Prosecutor's decision that led to the DNAA of Zahid Hamidi. It was a decision to discontinue prosecution of the accused in a criminal trial. 

In Malaysia now, the Attorney General is also the Public Prosecutor - and their POWERS are as stated in the Federal Constitution and also the Criminal Procedure Code, amongst others. 

Federal Constitution - Article 145(3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial. 

Sec. 254 Criminal Procedure Code - Public Prosecutor may decline to prosecute further at any stage 

(1) At any stage of any trial, before the delivery of judgment, the Public Prosecutor may, if he thinks fit, inform the Court that he will not further prosecute the accused upon the charge and thereupon all proceedings on the charge against the accused shall be stayed and the accused shall be discharged of and from the same.

(2) At any stage of any trial before a Sessions Court or a Magistrates Court before the delivery of judgment, the officer conducting the prosecution may, if he thinks fit, inform the Court that he does not propose further to prosecute the accused upon the charge, and thereupon all proceedings on the charge against the accused may be stayed by leave of the Court and, if so stayed, the accused shall be discharged of and from the same.

(3) Such discharge shall not amount to an acquittal unless the Court so directs.

In Zahid Hamidi's case, the decision to discontinue proceedings(that led to the DNAA) was ODD - because it was done after the High Court determined that the Prosecution has successfully proven a PRIMA FACIE case against Zahid > this is the MOST difficult task in a criminal trial - the proving of ALL elements of the CRIME to the satisfaction of the Judge. NOW, this means that Zahid has a final chance during the Defence case, to raise REASONABLE doubt in COURT, that will lead to his ACQUITTAL - and, if he failed to do so, he will be CONVICTED and sentenced. Thus, it was VERY DIFFICULT to avoid conviction.

However, when the Attorney General/Public Prosecutor decides to 'DISCONTINUE' criminal prosecution - the Court/Judge have no choice but to DISCHARGE the accused simply because the Public Prosecutor does not want to continue prosecuting. Malaysian law still does not provide for any other - including the victim or some other to step in and continue prosecuting.

By discontinuing the criminal proceedings, more so after PRIMA FACIE case have been proven, allows for a GUILTY person to walk free and the Court/Judge although knowing that until that stage, the accused is still GUILTY beyond reasonable doubt. In my opinion, if the accused has any evidence or argument for his innocence, it must be presented in COURT and only the JUDGE will decide whether one is GUILTY or NOT.

DANGER - What if the Public Prosecutor is CORRUPT or abused his/her POWER? What if the Public Prosecutor did as Prime Minister Anwar Ibrahim or some others wanted? 

NOTE the Attorney General/Public Prosecutor is CHOSEN by the Prime Minister, and who also have the power to remove at any time? No need for REASONS - that is why Public Prosecutors must be INDEPENDENTLY appointed with SECURITY of TENURE..to prevent 'wrongful dismissal' for bad reasons like you went against what the PM wanted.

Too many NOT charging of persons, too many decisions not to prosecute and discontinuation of criminal proceedings 

Like Ministers, decision of the Public Prosecutor must be subjected to JUDICIAL REVIEW to determine whether the decisions were correct???

For JUDICIAL REVIEW of Public Prosecutor's decision - it must be open to all persons - because crime is a public matter - and Malaysians expect those who break the law to be charged and tried...NOT COMPOUNDED or just 'swept under the carpet" 

 

 

M'sian Bar gets leave to challenge AG's decision on Zahid's DNAA
Farah Solhi
Published:  May 7, 2026 10:26 AM
Updated: 3:37 Pm
 
The Court of Appeal has allowed the Malaysian Bar to pursue a judicial review against a decision by the attorney-general to temporarily discontinue prosecution against Ahmad Zahid Hamidi in 2023.

That was over the deputy prime minister’s 47 corruption charges involving Yayasan Akalbudi funds, where he obtained a discharge not amounting to an acquittal (DNAA) three years ago.

In a unanimous decision this morning, the panel of three judges led by Faizah Jamaludin said they found the Bar’s judicial review application “appropriate” and not frivolous.

They said the lawyers’ professional body raised arguable issues that warrant a full judicial review and remitted the matter back to the High Court for hearing.

The panel also said the challenge by the Bar was not a collateral attack on the criminal court presiding over the case; instead, it challenged the legality and rationality of the AG’s decision that led to Zahid’s DNAA.

“The criminal court cannot compel the AG in his role as public prosecutor to proceed with the prosecution once he (has) decided to discontinue it (as) such (a) decision remains with his constitutional responsibility under Article 145(3) of the Federal Constitution.

Palace of Justice in Putrajaya houses the Court of Appeal

“Since the criminal court’s DNAA order was a procedural consequence of the AG’s decision, the appellant is not attacking the criminal court’s order granting a DNAA.

“(But) what it challenges is the executive root of that order, namely the AG’s decision to discontinue the prosecution in respect of the charges against Zahid and to seek a DNAA.

“Therefore, we find that the appellant’s application for judicial review was not a collateral attack on the criminal court’s order of a DNAA in respect of all 47 charges against Zahid.

“We (also) respectfully disagree with the High Court’s refusal of leave, as in our view, the High Court applied an unduly (high) standard at the leave stage and went too far into matters properly reserved for the substantive hearing,” Faizah said, in reading the panel’s judgment.

The panel also made no order to costs. Presiding with Faizah were Lim Hock Leng and Nadzarin Wok Nordin.

Zahid’s DNAA

The Kuala Lumpur High Court, on Sept 4, 2023, granted the prosecution’s application for DNAA on Zahid’s corruption case.

The lead prosecutor, Dusuki Mokhtar, who is the current AG, had laid out 11 reasons for the application, including to allow the prosecution a more comprehensive and complete investigation into Zahid’s case.

Attorney-General Dusuki Mokhtar

The DNAA was granted while the case was at the defence stage.

Following this, the Bar filed their judicial review application on Dec 4, the same year, in challenging the AG’s decision.

However, they failed to obtain leave to proceed with the judicial review in 2024, resulting in the present appeal before the panel. - Malaysiakini, 7/5/2026

Court grants Malaysian Bar green light to challenge DNAA in Zahid’s Yayasan Akalbudi case

Deputy prime minister Datuk Seri Ahmad Zahid Hamidi is seen here at the Palace of Justice, Putrajaya in 2024. — Picture by Shafwan Zaidon

  • The Court of Appeal unanimously ruled that the Malaysian Bar can proceed with its challenge against the AG’s 2023 decision to seek a discharge not amounting to an acquittal (DNAA) for Datuk Seri Ahmad Zahid Hamidi in his Yayasan Akalbudi trial.
  • The court found that Zahid’s DNAA was an “appropriate, rare and exceptional” case for the challenge to proceed, given several factors, including that 99 prosecution witnesses and 15 defence witnesses had already testified.
  • The Malaysian Bar’s judicial review will now be heard by the High Court.
  • The Malaysian Bar will ask the High Court to defer its decision on Zahid’s acquittal application until the judicial review has been heard.

PUTRAJAYA, May 7 — The Malaysian Bar today won its appeal to begin its court challenge against the Attorney General’s 2023 decision to apply for a discharge not amounting to an acquittal (DNAA) against Datuk Seri Ahmad Zahid Hamidi’s 47 charges in the Yayasan Akalbudi corruption trial.

Datuk Faizah Jamaludin, who chaired a three-judge panel at the Court of Appeal, said the panel unanimously decided that the Malaysian Bar’s court challenge could proceed to be heard by the High Court.

“Leave is granted to the Appellant to commence judicial review against the Attorney General’s impugned decision. The matter is remitted to the High Court for substantive hearing of the judicial review,” she said, referring to the Malaysian Bar as the appellant.

The other two judges on the panel were Datuk Lim Hock Leng and Datuk Nadzarin Wok Nordin.

The Malaysian Bar had on December 2, 2023 filed its court challenge via a judicial review application, but the High Court on June 27, 2024 decided not to grant leave for the case to be heard.

ComScore Observer

Instead, she said the only question is whether the Malaysian Bar has met the threshold for leave to start its court challenge against the AG’s September 2023 decision to ask for a DNAA in Zahid’s case.

She made it clear that a DNAA is “not a finding of innocence or guilt”, but a “procedural order” that the courts make in criminal proceedings.

Faizah listed five legal issues that the Court of Appeal had examined in coming to its decision today, including whether the Malaysian Bar had fulfilled the test to be able to start its court challenge.

She said the Federal Court’s 2021 decision in the Sundra Rajoo case had clarified that the AG’s prosecutorial discretion under Article 145(3) is wide but is not “absolute or unfettered”, and that it had ruled that the AG’s prosecutorial discretion could be subjected to judicial review in “appropriate, rare and exceptional” situations.

She noted the Federal Court had made it clear that all public powers have legal limits and that the AG’s constitutional status does not mean that the courts could not review his prosecutorial discretion, although a higher standard of scrutiny would apply.

The Court of Appeal today decided that the test to get leave for a judicial review against the AG’s prosecutorial discretion is the same test that applies to other judicial review cases.

This test is whether there is an arguable case that is not frivolous.

But when the judicial review is about how the AG exercised his prosecutorial discretion, the Court of Appeal said the test for getting leave must also be applied with “discipline, caution and restraint” with considerations of four factors.

These four factors are the AG’s constitutional status; the presumption that the AG’s exercise of his prosecutorial discretion was legal; the doctrine of separation of powers; and the principle that judicial review over prosecutorial discretion is limited to “appropriate, rare and exceptional” cases.

Faizah said the presumption of legality of the AG’s prosecutorial discretion cannot be an “absolute bar” or completely shut out leave for judicial review, if such a court challenge is supported by identifiable and serious matters.

Unlike the AG’s decision to charge an individual which can be challenged within the court process and trials, she noted that the decision to discontinue or drop a prosecution “may have a final practical effect” and remove it from the courts.

“In such a case, a judicial review may be the only practical means by which the legality or rationality of the AG’s decision-making process can be examined,” she said.

Datuk Faizah Jamaludin, who chaired a three-judge panel at the Court of Appeal, said the panel unanimously decided that the Malaysian Bar’s court challenge could proceed to be heard by the High Court. — Picture by Raymond Manuel

She said the Malaysian Bar’s court challenge is focused on whether the AG’s decision-making process when deciding to discontinue the prosecution against Zahid was legal and rational, including whether relevant or irrelevant factors were considered, and whether the AG’s decision at such a “late stage” in the trial was justified.

She said the Court of Appeal concluded that the Malaysian Bar has crossed the threshold or fulfilled the test to get leave for judicial review of the AG’s prosecutorial discretion, and that the Bar has an arguable case that is not “frivolous”.

“This case is appropriate, rare and exceptional, because several factors converge: the seriousness of the charges, the public interest in corruption prosecutions, the prima facie finding after a maximum evaluation, the calling of the defence, the extent of proceedings already undertaken, including 99 prosecution witnesses over 53 days of trial, and 15 defence witnesses, the timing and number of representations and the practical finality of the discontinuance,” the judge said, referring to Zahid’s Yayasan Akalbudi case.

“Accordingly, this is our findings for issue III, we therefore held the application is not frivolous and discloses serious public law issues that should be heard at the substantive stage,” she said.

Lawyer Datuk Hisyam Teh Poh Teik, who represented Datuk Seri Ahmad Zahid Hamidi, speaks to reporters at the Palace of Justice in Putrajaya, May 7, 2026. — Picture by Yusof Isa

For the fifth and final legal issue, the Court of Appeal ruled that the Malaysian Bar’s judicial review bid is not a “collateral attack” on the criminal courts’ order to grant a DNAA for all 47 charges against Zahid, as the Bar is instead focused on the AG’s decision to seek a DNAA.

Faizah explained that when the AG discontinues a prosecution, the default result would be a DNAA, unless the court decides to acquit the accused person.

This is based on the Criminal Procedure Code’s Section 254.

Citing Section 254, she said the criminal court cannot compel the AG to continue a criminal trial once the AG has decided to discontinue the prosecution, and that means the decision to continue or discontinue the prosecution would still be the AG’s constitutional responsibility under Article 145(3).

In the Yayasan Akalbudi case, she said the High Court in September 2023 had considered the choice of whether to grant a DNAA as sought by the prosecution or an acquittal as sought by Zahid, and that it did not make a finding on whether the AG’s decision to discontinue the prosecution was legal, rational or reasonable.

Ultimately, the Court of Appeal concluded that the Malaysian Bar should be given leave to have its court challenge heard.

Zahid’s acquittal application in courts next week  

The Court of Appeal’s decision today is important as it could potentially affect when the High Court decides on Zahid’s separate application for acquittal in the Yayasan Akalbudi case.

Zahid had on January 28 applied to be acquitted and the Attorney General’s Chambers has said it has no objections to this application.

The High Court had on February 24 said it would wait for the Court of Appeal’s decision to prevent the Malaysian Bar’s appeal from becoming academic, but had also later scheduled May 14 (next Thursday) to decide on Zahid’s acquittal application.

Unlike a DNAA which temporarily frees an accused from charges and the same charges can be brought again, an acquittal would mean the prosecution cannot file the same charges in the future.

Lawyer Datuk Ambiga Sreenevasan, who represented the Malaysian Bar, told reporters that the Bar also has a separate court challenge against the AG’s January 8, 2026 decision to classify Zahid’s Yayasan Akalbudi case as “NFA” (No Further Action).

As for the High Court’s scheduled decision next week on Zahid’s acquittal bid, Ambiga said the Malaysian Bar would ask for the decision to be deferred until the courts hear the Malaysian Bar’s two separate judicial review applications against the AG’s DNAA and NFA decisions: “We will be asking for it to either be adjourned or stayed pending the hearing of our substantive application for judicial review.”

Zahid’s lawyer Datuk Hisyam Teh Poh Teik said the legal team would seek his client’s instructions about next week’s acquittal matter, which he confirmed is scheduled for decision at the High Court: “We will take further instructions on that as well and will discuss among ourselves as to what do on the 14th of May.”

Hisyam said the legal team would study the judgment today in greater detail and move on to the next stage of the judicial review hearing at the High Court.

He noted that the Court of Appeal today did not rule on whether anyone was guilty or not: “In other words, this is only at the leave stage, and what is important is the court emphasises that as far as the leave stage is concerned, the threshold is low, so long as the grounds canvassed are not frivolous or vexatious, leave will be heard.”

When asked if an appeal would be filed against the court’s decision today, Hisyam said this would have to be discussed with the AG: “We will discuss among ourselves, the legal team, we will take further instructions again, and we will also liaise with the Chamber’s of the AG.”

- Malay Mail, 7/5/2026