Muhyiddin files to strike out 4 abuse of power charges

 

Former prime minister Muhyiddin Yassin has filed an application to quash the four abuse of power charges against him.

The Pagoh MP’s counsel Chetan Jethwani confirmed that the application has been filed at the High Court in Kuala Lumpur recently, and that copies of the bid have been served on the prosecution.

The application also seeks to stay the criminal case at the Sessions Court in Kuala Lumpur, pending disposal of the striking-out bid.

Previously before the criminal court, the Perikatan Nasional chairperson claimed trial to four abuse of power counts and three money laundering charges involving over RM232 million.

The criminal case is linked to the Jana Wibawa programme.

According to a copy of his affidavit in support of the notice of motion, Muhyiddin is seeking a court order for his discharge and acquittal from the four abuse of power charges.

‘Charges defective and bad in law’

The applicant claimed that the four charges are “defective and bad in law” for lacking in particulars in contravention of Section 354 of the Criminal Procedure Code and thus violated his fundamental right to life and personal liberty under Article 5 of the Federal Constitution.

Muhyiddin claimed that the four charges do not disclose any offence under Section 23(1) of the MACC Act, due to the anti-graft law not intending the word “organisation” in the Act to also cover a society such as Bersatu.

The opposition party is named in the four abuse of power charges.

“I verily believe and state that the respondent’s conduct in preferring these illegal charges has scandalised my good name and reputation. These illegal charges have brought about irreparable harm against me.

“In this regard, I have been further advised by my solicitors and I verily believe that such a fundamental breach of statutory duty on the part of the respondent similarly constituted an abuse of process,” Muhyiddin claimed.

The striking-out application targets the predicate (main) charges, namely the four power abuse charges. The three money laundering charges hinge on the four predicate charges.

The four abuse of power charges, framed under Section 23(1) of the MACC Act 2009, accused Muhyiddin 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.

Illegal activity

The three companies are Bukhary Equity Sdn Bhd, 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 read with Section 87(1) of the same Act.

The 76-year-old is accused of receiving over RM120 million of proceeds from an illegal activity from Bukhary Equity Sdn Bhd between Feb 25, 2021, and July 8, 2022.

The money laundering was allegedly committed by receiving money banked into Bersatu’s account.

The Pagoh MP faces 20 years in jail and a fine five times the amount of gratification involved or RM10,000, whichever is higher for the abuse of power charges.

For the money laundering case, he may be sentenced to imprisonment of 15 years and fined five times the amount involved or RM5 million, whichever is higher.

Under the law, money laundering is the process of converting cash, funds, or property obtained from criminal activities in order to give it a legitimate appearance. It is the act of cleaning 'dirty' money in order to disguise its criminal origin. - Mkini