COMMENT | The Malaysian Bar has filed a judicial review application against the attorney-general and Ahmad Zahid Hamidi.

It seeks, inter alia, a prerogative order of mandamus instructing the AG to act per the law, including prosecuting Zahid again if deemed appropriate, as per Section 254A of the Criminal Procedure Code.

Section 254A which is a new section, inter alia, provides “Subject to subsection (2), where an accused has been given a discharge by the Court and he is recharged for the same offence, his trial shall be reinstated and be continued as if there had been no such order given”.

By virtue of this new section, the court does not...