Prosecution seeks to strike out Muhyiddin’s bid to review acquittal overturn
Published on: Wednesday, April 03, 2024
By:
FMT, V Anbalagan
.jpg "Prosecution seeks to strike out Muhyiddin’s bid to review acquittal overturn")
Former prime minister Muhyiddin Yassin wants another Court of Appeal bench to use its inherent powers to set aside the Feb 28 Court of Appeal decision that overturned a High Court ruling acquitting him of four charges of abuse of power. (Bernama pic)
Kuala Lumpur: The prosecution is seeking to strike out an application by Muhyiddin Yassin for a review of the Feb 28 Court of Appeal decision that overturned a High Court ruling acquitting him of four charges of abuse of power.
Deputy public prosecutor Wan Shaharuddin Wan Ladin said this to sessions court judge Azura Alwi when the case came up for mention today.
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A copy of the prosecution’s preliminary objection sighted by FMT said the former prime minister’s review application was frivolous and an abuse of the court process.
Muhyiddin in his review application had asked for another Court of Appeal bench to use its inherent powers to set aside the Feb 28 appellate court ruling and restore the High Court ruling made on Aug 15, 2023.
The Pagoh MP said the Court of Appeal’s decision was a nullity and illegality as it did not fall within the jurisdiction conferred by Section 50(1) of the Courts of Judicature Act 1964.
In allowing the prosecution’s appeal, a three-member Court of Appeal bench chaired by Justice Hadhariah Syed Ismail ruled that the High Court had erred in law in holding that the charges were defective.
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“The charges were unambiguous. There is no necessity for the prosecution to give further particulars as to how the offence was committed,” Hadhariah said.
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.
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Azura fixed another mention on May 8, pending the outcome of the case management in the Court of Appeal on April 16.
Earlier, Wan Shaharuddin urged the court to fix a trial date since the prosecution had given Muhyiddin all the documents he needed to prepare his defence for the abuse of power case.
“Furthermore, the lawyers for the accused have not filed any application to stay proceedings,” he said.
Lawyer K Kumaraendran however urged Azura to fix another mention date first as the defence needed to go through the documents handed over by the prosecution last week.
Another lawyer, Amer Hamzah Arshad, said it was premature to fix a trial date as the court also had to decide on Muhyiddin’s application to strike out three money laundering charges.
“Furthermore, there is an application by the prosecution to have a joint trial of the power abuse and money laundering charges,” he said.
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