The Court of Appeal quashed the discharge and acquittal of Muhyiddin Yassin when it reinstated the four abuse of power charges against him linked to the Jana Wibawa programme.
The three-person bench chaired by Hadhariah Syed Ali today unanimously reversed the Kuala Lumpur High Court decision on Aug 15 last year that allowed the former prime minister’s bid to challenge the charges for being vague and defective.
The bench, which also comprised judges Azmi Ariffin and SM Komathy, allowed the prosecution’s appeal to reinstate the power abuse charges.
Speaking on behalf of the appellate bench, Hadhariah ruled that the charges were clear and unambiguous.
“We are of the view that the High Court judge erred when he ruled that the four charges did not disclose any offence known to law.
“We accept the submissions (from the prosecution team) that the charges are not defective.
“The four charges are clear and unambiguous,” Hadhariah said, ordering the charges be restored and remitted to the Sessions Court.
On Aug 15 last year, High Court judge Muhammad Jamil Hussin ruled that the power abuse charges were defective and not in line with the Criminal Procedure Code.
He said the charges did not reveal sufficient particulars on the alleged offence under the MACC Act 2009.
The judge pointed out the four charges were unclear, including whether Muhyiddin was accused of making an unlawful decision or if he unlawfully used his position.
The judge rejected the prosecution’s contention that the details and particulars would be revealed during the criminal trial, pointing out that the charges must already contain enough particulars to allow Muhyiddin to be better prepared to meet the allegations during trial.
The Pagoh MP is also still facing three related money laundering counts pending at the Kuala Lumpur Sessions Court.
4 abuse of power charges
In March last year, before the Sessions Court, Muhyiddin claimed trial to four counts of abuse of power and three money laundering charges involving RM232.5 million linked to Jana Wibawa.
The four abuse of power charges, framed under Section 23(1) of the MACC Act 2009, accused him of using his position as then prime minister and Bersatu president for an inducement of RM232.5 million from three companies and an individual, between March 1, 2020, and Aug 20, 2021.
The three companies are Bukhary Equity, Nepturis Sdn Bhd, and Mamfor Sdn Bhd, while the individual in question is Azman Yusoff.
The three money laundering charges were laid out under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 (Amlatfpuaa) - read with Section 87(1) of the same act.
The 77-year-old was accused of abusing his powers for Bersatu to receive RM125 million of proceeds from illegal activity from Bukhary Equity - between Feb 25, 2021, and July 8, 2022.
The charges did not allege that payment was made to Muhyiddin.
The money was allegedly laundered by receiving money banked into Bersatu’s account.
Money laundering is the offence of disguising financial assets so they can be used while obscuring the illegal activity that produced them.
Money laundering transforms the monetary proceeds from criminal activity into funds with an apparently legal source.
When met by the media after court proceedings, Muhyiddin’s counsel Hisyam Teh Poh Teik said they are seriously considering appealing to the Federal Court.
The case against the Perikatan Nasional chairperson is set for mention before the Kuala Lumpur Sessions Court next Monday (March 4).
The prosecution team was headed by deputy public prosecutor (DPP) Mohd Dusuki Mokhtar, with DPPs Wan Shaharuddin Wan Ladin and Ahmad Akram Gharib assisting.
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