Muhyiddin Yassin has applied to transfer his four abuse of power charges and three money laundering counts to the High Court in Kuala Lumpur.
A member of the former prime minister’s legal team confirmed that the application was filed on April 27.
Following case management of the application before the Kuala Lumpur Court this morning, the lawyer said the matter was set for further case management on May 31.
He added that this is for the prosecution to update the criminal court on whether prosecutors would agree to the transfer or to raise an objection.
According to a copy of Muhyiddin’s affidavit in support, the Pagoh MP contended that the Sessions Court is not a suitable avenue to preside over cases which involved constitutional issues linked to fundamental rights to life and personal liberty as well as equality before the law.
The Bersatu President claimed that the case involved “novel points of law” and complex legal issues which the Sessions Court does not have the jurisdiction to decide on and that only the High Court as well as the Court of Appeal and Federal Court (in the event of an appeal) have the power to hear such matters.
Muhyiddin contended that the case also ought to be heard by the High Court has the experience, authority and eminence to hear this major public interest case that has attracted wide public attention in Malaysia as well as overseas.
The applicant also pointed out that former prime minister Najib Abdul Razak’s criminal case was heard at the High Court and that a negative presumption might arise if his (Muhyiddin’s) case was not heard there.
Meanwhile, in relation to Muhyiddin’s application to strike out the four abuse of power charges, the High Court in Kuala Lumpur has set June 12 for further case management to set a date to hear the nullification bid.
The applicant claimed that the four power abuse charges are “defective and bad in law”.
The charges
Previously before the criminal court, the Perikatan Nasional chairperson claimed trial for four abuse of power counts and three money laundering charges involving over RM232 million.
The criminal case is linked to the Jana Wibawa programme.
The four power abuse charges are the predicate (main) charges. The three money laundering charges hinge on the four.
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.
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 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 lawmaker 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
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.