Muhyiddin turns to Federal Court to annul abuse of power charges
Published on: Friday, March 01, 2024
By:
FMT, V Anbalagan
Muhyiddin Yassin is charged with abusing his power as prime minister to obtain RM232.5 million for Bersatu in connection with the Jana Wibawa programme. (Bernama pic)
PUTRAJAYA: Former prime minister Muhyiddin Yassin has gone to the Federal Court to set aside a Court of Appeal ruling that overturned his acquittal after finding that four abuse of power charges framed against him are good in law.
Solicitors Chetan Jethwani filed the notice of appeal in the Court of Appeal registry yesterday.
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It said a three-member Court of Appeal bench chaired by Justice Hadhariah Syed Ismail erred in law in setting aside a High Court decision handed down on Aug 15.
Muhyiddin’s lead counsel, Hisyam Teh Poh Teik, said the Court of Appeal will have to prepare the appeal records which must include the written grounds of its decision to enable Muhyiddin’s lawyers to prepare and file his petition of appeal.
On Wednesday, Hadhariah said the High Court had erred in law in holding that the charges were defective.
“The charges were unambiguous. There is no necessity for the prosecution to give further particulars as to how the offence was committed,” said Hadhariah when allowing the prosecution’s appeal.
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Also on the three-member panel which heard the appeal were Justices Azmi Arifin and Komathy Suppiah.
Hadhariah said the bench also found no merit in Muhyiddin’s contention that Bersatu does not fall within the definition of the word “associate” in the Malaysian Anti-Corruption Commission (MACC) Act 2009. The appeals court said the party, being a political society, came within the definition.
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“We agree with the appellant (prosecution), that the judge erred in law (in holding) that the charges did not disclose any offence known to the law,” she said.
The High Court had last year allowed Muhyiddin’s application to strike out the charges. Justice Jamil Hussin used his inherent powers to acquit him.
Muhyiddin was charged in March last year with abusing his power as prime minister between Feb 8 and Aug 20, 2021 in connection with the Jana Wibawa programme by seeking to obtain RM232.5 million for Bersatu.
He pleaded not guilty after the charges were read out to him in the sessions court here before judge Azura Alwi on March 10.
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