Muhyiddin wants court case stayed due to 'strong public interest'

 

Muhyiddin Yassin contended that his abuse of power and money laundering case should be stayed pending disposal of his review bid, due to the element of strong public interest.

However, the prosecution countered that the former prime minister’s application to stay the criminal case at the Kuala Lumpur Sessions Court was an attempt to delay the trial.

These two opposing contentions were seen in affidavits filed this month over Muhyiddin’s bid to stay the case at the lower court, pending disposal of his review bid before the Court of Appeal to nullify the four power abuse charges linked to the Jana Wibawa programme.

According to the Pagoh MP’s affidavit filed at the Sessions Court early this month, he cited special circumstances to warrant the stay of his case.

He said this is because if the Court of Appeal on July 9 allows his review bid, it would mean his discharged and acquitted status would be restored.

“Therefore, there is strong public interest in my case warranting that proceedings before this honourable (Sessions) Court be stayed pending disposal of the review application,” he said.

Muhyiddin added that the review application involves matters of public importance, as it involved the issue of whether the Court of Appeal only has the power to hear appeals after the High Court made a decision after a full trial there.

The Perikatan Nasional chairperson was referring to the Court of Appeal on Feb 28 allowing the prosecution’s appeal to reinstate the four power abuse charges.

When the Kuala Lumpur High Court on Aug 15 last year allowed Muhyiddin’s bid to strike out the power abuse charges, the verdict was not delivered in the capacity of a trial court, as the main case was pending before the Sessions Court.

However, in an affidavit to oppose the stay bid, deputy public prosecutor Zander Lim Wai Keong claimed Muhyiddin was trying to delay the case from proceeding at the lower court.

“On the contrary, the applicant’s (Muhyiddin) application (for a stay) is a move or an attempt to delay this case from being heard or tried by this honourable (Sessions) Court, via the filing of the review application at the Court of Appeal, even though the respondent’s (prosecution) appeal at the Court of Appeal was done on Feb 28,” the prosecutor said in an affidavit filed yesterday.

Muhyiddin’s 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.

Under Section 23(1) of the MACC Act 2009, he was 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