PUTRAJAYA (March 28): Former prime minister and Parti Pribumi Bersatu Malaysia president Tan Sri Muhyiddin Yassin has filed a notice of motion to the Court of Appeal for a revision over last month’s decision to overturn the High Court’s decision and declaring that his abuse of power charges are valid and be reinstated.

The notice was filed by his solicitor Messrs Chethan Jethwani & Co on Wednesday (March 27), following a decision by a three-member bench on Feb 28 this year.

The notice states that Muhyiddin seeks leave (permission) under Rule 105 of the Court of Appeal Rules to review the decision made by the bench, chaired by judge Datuk Hadhariah Syed Ismail, in allowing the prosecution’s appeal over the High Court's decision on Aug 15 last year, that set aside the four abuse of power charges.

As the National Higher Education Fund Corp (PTPTN) enters its 27th year of supporting the higher education needs of Malaysian students, the stakes have never been higher. Its mandate remains: to ensure no Malaysian student who wishes to pursue tertiary education is left behind because of financial constraints.

Hence, Muhyiddin seeks to set aside the decision made by Hadhariah, who sat with Datuk Azmi Ariffin and Datuk SM Komathy Suppiah on Feb 28, and to reinstate the High Court's decision.

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

The revision is sought as Muhyiddin was charged at the Sessions Court, and the prosecution had objected to the politician’s application at that court for a stay of the hearing, pending his appeal at the Federal Court.

The prosecution objected to the stay, as the final venue of appeal for cases that originate in the Sessions Court is at the Court of Appeal and not the Federal Court.

It is rare for the Court of Appeal to allow a revision of another bench’s earlier decision.

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 then prime minister and Parti Pribumi Bersatu Malaysia 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 (AMLA 2001). 

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