CEO Morning Brief

Prosecution Objects to Muhyiddin’s Application to Review Reinstatement of Abuse of Power Charges

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Publish date: Thu, 04 Apr 2024, 10:11 AM
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TheEdge CEO Morning Brief

KUALA LUMPUR (April 3): The prosecution in the corruption trial of Bersatu president Tan Sri Muhyiddin Yassin has sent an objection to the Court of Appeal over his application for the same court to review its decision on reinstating the abuse of power charges against him last month.

During a case management in the Sessions Court before judge Azura Alwi, deputy public prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin informed the court that in response to Muhyiddin’s review application with the appellate court, the prosecution had sent an objection to the said application.

The objection, which was filed on Monday and sighted by The Edge, stated that: “The request [application by Muhyiddin] is a trivial request, and a misuse of the court process.”

Muhyiddin was charged with four counts of abuse of power and three money-laundering charges in the Sessions Court last year.

He subsequently appealed against the charges to the High Court, where judge Datuk Muhammad Jamil Hussin struck out the four abuse of power charges, and ordered his acquittal.

However, on Feb 28 this year, upon an appeal to the Court of Appeal by the prosecution against the High Court decision, the charges were reinstated.

The Court of Appeal bench led by judge Datuk Hadhariah Syed Ismail, in a unanimous decision, ruled that Jamil had erred in striking out the four charges and ordering the former prime minister’s acquittal.

Later on March 28, Muhyiddin through his lawyers filed a notice of motion for the Court of Appeal to review its decision.

The former prime minister in his affidavit of support for the application claimed that the decision was a nullity and illegality, as it was made without jurisdiction under Section 50 (1) of the Courts of Judicature Act 1964.

In the case management before Azura on Wednesday, DPP Wan Shaharuddin informed the court that trial dates for the case to commence should be set, as there had been no application for a stay by the defence.

Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin. (Photo by Low Yen Yeing/The Edge)

However, Muhyiddin’s lawyer Datuk K Kumaraendran requested for more time, as there were “voluminous amounts of documents” for the defence to pour over before the trial starts.

Azura then set May 8 for the next case management, where she may set dates for the trial to commence.

The 77-year-old Pagoh Member of Parliament was charged along with his party, Parti Pribumi Bersatu Malaysia, with four counts of abuse of power of having received RM232.5 million in bribes from corporate entities and an individual between March 1, 2020 and Aug 20, 2021, in his capacity as the then prime minister and Bersatu president.

According to the charges, the money from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd and Datuk Azman Yusoff was deposited into Bersatu’s bank accounts.

Muhyiddin also faces three money-laundering charges linked to these four charges.

The three charges are framed under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Source: TheEdge - 4 Apr 2024

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