Court of Appeal bound by decisions of Federal Court that the exercise of power in the course of a criminal investigation is not open to judicial review —Hafiz Hassan

Court of Appeal bound by decisions of Federal Court that the exercise of power in the course of a criminal investigation is not open to judicial review —Hafiz HassanMAY 9 — In the case of Suruhanjaya Pencegahan Rasuah Malaysia & Ors v Latheefa Beebi Koya & Anor , the Federal Court was asked to decide on a question of law – that is, whether a criminal investigative process is amenable to judicial review.

For example, in City Growth Sdn Bhd & Anor v The Government of Malaysia , the applicants applied for leave for an order of certiorari to quash the order issued by the deputy public prosecutor under section 50 of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.The High Court dismissed the leave application, holding that the order of the DPP was not amenable to judicial review.

It was also held by the Federal Court in Empayar Canggih Sdn Bhd v Ketua Pengarah Bahagian Penguatkuasa Kementerian Perdagangan Dalam Negeri dan Hal Ehwal Pengguna Malaysia & Anor that an exercise of power in the course of a criminal investigation was not open to judicial review. To hold otherwise would be exposing the criminal investigative process of all law enforcement agencies in the country to constant judicial review which surely could not have been the intention of Parliament.

It is therefore not surprising that the Court of Appeal has rejected the appeal by former finance minister Daim Zainuddin and his family to overturn a High Court’s dismissal of their application to obtain leave for a judicial review challenging the Malaysian Anti-Corruption Commission’s investigation into their financial affairs.

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