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This follows a decision by a five-member Court of Appeal bench today to dismiss his review application.
The ruling means the decision of a three-member Court of Appeal bench, which on Feb 28 set aside a High Court ruling acquitting the former prime minister of the charges, has been maintained.
Bench chairman Justice Azizah Nawawi, in delivering the unanimous ruling, said Muhyiddin’s contention that the previous panel had no jurisdiction to hear the appeal from the High Court would lead to absurdity.
she said, adding that this will lead to the prosecution having no remedy to appeal.(If that were the case), the High Court will have unlimited jurisdiction when an accused is acquitted without a trial,
Azizah said Section 50 of the Courts of Judicature Act 1964 cannot be read in isolation.
she said.The doctrine of harmonious construction must be applied. Section 50 must read together with other provisions in the CJA and Section 323 of the Criminal Procedure Code,
Also on the bench which heard the application on July 9 were Justices Che Ruzima Ghazali, Ahmad Zaidi Ibrahim, Azman Abdullah and Azhahari Kamal Ramli.
Muhyiddin is charged 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.
MORE TO COME
- FMT
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