The prosecution's appeal was allowed by a three-member bench.
The prosecution's appeal was allowed by a three-member bench of the Court of Appeal comprising Justices Datuk Hanipah Farikullah, Datuk Hadhariah Syed Ismail and Datuk Hashim Hamzah.
Article 145 of the Constitution states that the AG shall have the power, exercisable at his discretion, to institute, conduct, discontinue any proceedings for an offence. On Oct 13, 2021, the prosecution filed a notice of discontinuance of its appeal. At the same time, Ahmad Syameer's lawyer filed a notice of motion on Nov 1 the same year seeking the High Court to proceed with the appeal.
He said the AG's power to institute, conduct or discontinue any proceedings for a criminal offence is consistent with a long line of case law authorities.
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