Court of appeal five-member panel to hear Muhyiddin’s bid to get leave to review

PUTRAJAYA: A Court of Appeal five-member panel of judges will hear former Prime Minister Tan Sri Muhyiddin Yassin’s application to obtain leave to review the decision made by its previous panel to reinstate four power abuse charges involving RM232.5mil against him.

One of Muhyiddin’s counsel Datuk Hisyam Teh Poh Teik, when contacted by BK, said Court of Appeal President Tan Sri Abang Iskandar Abang Hashim allowed their request for a five-man bench to hear the leave application.

For the record, review applications in the Court of Appeal were normally heard by a three-member bench.

Hisyam also confirmed that the date of July 9 which was fixed earlier to hear the leave application, had been maintained.

Muhyiddin’s lawyers and the prosecution were informed by Court of Appeal deputy registrar Muhammad Noor Firdaus Rosli during a case management on Thursday (April 25) that the request for a five-member panel to hear Muhyiddin’s application has been allowed.

Hisyam and lawyers Datuk K. Kumaraendran, Amer Hamzah Arshad and Low Wei Loke represented Muhyiddin during the case management proceedings on Thursday while deputy public prosecutor Ng Siew Wee appeared for the prosecution.

Muhyiddin’s lawyers had written a letter to the Court of Appeal President on April 19 this year, requesting for a five-member panel to hear the application as there were important issues of law on jurisdiction to be determined.

On March 27, Muhyiddin filed an application seeking the court to set aside the Court of Appeal’s previous decision to reinstate the four charges against him which the High Court previously struck out.

In the notice of motion, Muhyiddin said the decision of the Court of Appeal was a nullity or illegality as it was made without the jurisdiction as required under Section 50(1) of the Courts of Judicature Act 1964.

Muhyiddin, 76, as Prime Minister and president of Bersatu at the time, was charged with using his position for bribes amounting to RM232.5mil from three companies namely Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd and Datuk Azman Yusoff for the party concerned.

He was accused of committing the offences at the Prime Minister’s Office at Bangunan Perdana Putra in Putrajaya between March 1, 2020 and Aug 20, 2021.

The Bersatu president also faces two charges of receiving money from illegal activities amounting to RM195mil from Bukhary Equity Sdn Bhd which was deposited into Bersatu’s CIMB Bank account.

He is alleged to have committed the act at CIMB Bank Menara KL Branch, Jalan Stesen Sentral between Feb 25 and July 16, 2021 and between Feb 8 and July 8, 2022. – BK