Muhyiddin files to appeals court to review decision to quash his acquittal

 

Muhyiddin Yassin has filed an application with the Court of Appeal to review its own decision to quash his discharge and acquittal on the Jana Wibawa programme.

The law firm of Chetan Jethwani filed the application yesterday, documents sighted by Malaysiakini show.

On Feb 28, the appellate court quashed the Pagoh MP’s discharge and acquittal and reinstated the four abuse of power charges against him linked to the Jana Wibawa programme.

The three-person bench chaired by Hadhariah Syed Ali 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 Perikatan Nasional chairperson later filed a notice of appeal to the Federal Court to restore his acquittal of four abuse of power charges linked to the Jana Wibawa programme.

Following this, deputy public prosecutor Wan Shaharuddin Wan Ladin, a member of the prosecution team, said the law does not allow Muhyiddin to lodge an appeal with the Federal Court when the main case is at the Sessions Court.

On Aug 15 last year, High Court judge Muhammad Jamil Hussin ruled that the power abuse charges against Muhyiddin 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 charges

The Pagoh MP still faces three related money laundering counts pending at the Kuala Lumpur Sessions Court.

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.

Under Section 23(1) of the MACC Act 2009, he is accused 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 - 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. - Mkini