Muhyiddin files appeal over reinstatement of power abuse charges

KUALA LUMPUR: Former prime minister Tan Sri Muhyiddin Yassin has filed an appeal at the Federal Court against the Court of Appeal’s decision that reinstated his criminal case involving four charges of power abuse at the High Court.

The notice of appeal was filed through Messrs Chetan Jethwani & Company yesterday (Feb 29).

It named the prosecution as the respondent.

In the notice, which was sighted by The Star, Muhyiddin is appealing against the entirety of the decision by the Court of Appeal.

The Bersatu president stated the appellate court’s three main points in overturning his acquittal; the definition of the word “organisation” and “associate” under Section 3 of the Malaysian Anti-Corruption Commission (MACC) 2009 whereby the court held that Bersatu was a political organisation confined within the definition of “associate” under Section 3; that the High Court judge had erred when he held that the four charges against Muhyiddin under Section 23(1) of the MACC Act 2009 did not reveal an offence under the law; and that the four charges were clear and unambiguous, therefore there was no necessity for the prosecution to give particulars on how the offence was committed.

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On Wednesday (Feb 28), a three-judge panel of the appellate court led by Justice Hadhariah Syed Ismail ruled that the High Court had erred when he held that the charges against Muhyiddin were defective.

Two other judges on the panel were Justices Azmi Ariffin and S.M. Komathy Suppiah.

Muhyiddin was discharged and acquitted (DNA) by the High Court judge Justice Muhammad Jamil Hussin who found that the four charges against the Pagoh MP were defective, unsubstantiated, and vague.

Muhyiddin, 76, was charged with using his position as the then prime minister and Bersatu president to obtain bribes amounting to RM232.5mil from three companies – 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.

The proceedings of the main case at the Sessions Court have been suspended pending the disposal of Muhyiddin’s application to strike out the four charges.