PUTRAJAYA (July 9): The Court of Appeal (COA) has set Aug 20 to deliver its decision on whether to revise another COA decision which had reinstated abuse-of-power and money-laundering charges against former prime minister Tan Sri Muhyiddin Yassin.

A five-member COA panel set the date after hearing submissions from Muhyiddin’s lawyers, and public prosecutors. The bench was chaired by Datuk Azizah Nawawi, flanked by Datuk Che Mohd Ruzima Ghazali, Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah, and Datuk Azhahari Kamal Ramli.

Muhyiddin’s lawyer Datuk Hisyam Teh Poh Teik had submitted that the other COA bench’s decision, which had reinstated the charges against Muhyiddin in February this year, was “illegal and made without jurisdiction”.

Hisyam said this was because the decision was made in contradiction to Section 50 of the Courts of Judicature Act 1964, which deals with the courts’ jurisdictional power.

He said that the original criminal application was made directly to the High Court, and that the High Court’s decision was not made pursuant to its appellate nor revisionary jurisdiction.

Muhyiddin’s lawyer Datuk Hisyam Teh Poh Teik

Therefore, Hisyam said the COA had no jurisdiction to hear the appeal as the High Court’s jurisdictional powers were in question.

“It is our view that the High Court in the instant case was not the trial court. The trial court has to be the Sessions Court. No doubt the hearing of the motion was first exercised by the High Court, but the hearing before the High Court cannot be equated to that of a court of first instance,” he said.

“In the present appeal, the High Court did not try the alleged offence committed by the appellant in the exercise of its original jurisdiction, as the appellant was charged at the Sessions Court,” he said.

However, deputy public prosecutor Wan Shaharuddin Wan Ladin argued that there would be no justice to the public if Muhyiddin’s revision were to be allowed.

“My learned friend Datuk Hisyam said whether the COA decision is a revision or based on an appeal. Surely it is based on an appeal — the earlier COA panel heard it as an appeal. It is definitely [made on] an appeal basis,” he said.

UK King’s Counsel Steven Perian, who was representing Muhyiddin, had also submitted before the bench.

Muhyiddin’s complex trial

Muhyiddin, 77, is facing charges for using his position as the then prime minister and Bersatu president to obtain bribes amounting to RM232.5 million from three companies, namely Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd, and also from one Datuk Azman Yusoff, for the party.

He was charged with committing the offences at the Prime Minister’s Office, Bangunan Perdana Putra, Federal Government Administration Centre in Putrajaya between March 1, 2020 and Aug 20, 2021.

Muhyiddin was also charged with two counts of receiving proceeds from unlawful activities amounting to RM195 million from Bukhary Equity, which was deposited into Bersatu’s CIMB Bank account.

The offences were allegedly committed at CIMB Bank Menara KL Branch, Jalan Stesen Sentral here between Feb 25 and July 16, 2021, and between Feb 8 and July 8, 2022.

The Bersatu president was charged in the Sessions Court in 2023, and had the abuse-of-power charges struck out by the High Court, resulting in him being acquitted of all charges due to the abuse of power being the predicate, or subject offence, being cancelled.

The COA on Feb 28 reinstated those charges for the former prime minister to answer.

Muhyiddin then sought a revision of the reinstatement, which he claimed is a nullity and illegality, as it was made without jurisdiction under Section 50(1) of the Courts of Judicature Act 1964.

It is rare for the COA to allow a revision of another bench’s earlier decision, and for this reason, leave had to be gained first to hear the merits of the revision.

The prosecution, to be led by deputy public prosecutor Datuk Mohd Dusuki Mokhtar, who is the head of the Appellate and Trial Division of the Attorney General's Chambers, is expected to object to the revision.