JUDGMENT

Faizah Jamaludin JCA:

A. Introduction

[1] This is the unanimous judgment of this Court in the appeal by the Malaysian Bar against the High Court's dismissal of its application for leave for judicial review of the Attorney General's decision to discontinue prosecution and apply for a discharge not amounting to acquittal ("DNAA") of all the charges against the 2nd respondent.

[2] This appeal raises an issue of constitutional and public importance concerning the leave threshold for judicial review, where the Attorney General's prosecutorial discretion under art 145(3) of the Federal Constitution is challenged. It arises from the High Court's refusal to grant the Appellant, the Malaysian Bar, leave to commence judicial review to challenge the Attorney General's decision - acting through the Deputy Public Prosecutor ("DPP") - to seek a DNAA in relation to 47 criminal charges against the 2nd respondent. The High Court dismissed the leave application on 27 June 2024. The Appellant now appeals against that decision.