KUALA LUMPUR – Former prime minister Tan Sri Muhyiddin Yassin wants the Court of Appeal to review its own decision to reinstate four abuse of power charges involving RM232.5 million against him.
His application was filed via Messrs Chetan Jethwani & Co yesterday, according to court documents sighted.
In his supporting affidavit, Muhyiddin claimed that the appellate panel had erred in their February 28 decision, saying the judges did not have the power to reinstate the charges.
The panel had overruled the Kuala Lumpur High Court’s decision to acquit Muhyiddin on August 15 last year on grounds that the charges were defective, vague, flawed, and unfounded, as they did not contain details of the offences committed.
“The Court of Appeal’s panel of judges has acted beyond its jurisdiction as accorded under Section 50(1) of the Courts of Judicature (CJA) Act 2964. Therefore, their verdict (in February) is invalid and illegal,” Muhyiddin said in his affidavit.
Section 50(1) of the CJA accords the Court of Appeal to hear and determine any appeal against any decision made by the high court, in the exercise of its original jurisdiction, as well as appeal or revision on criminal matters decided by sessions court.
However, Muhyiddin said that upon his solicitor’s advice, he believed the high court was also acting beyond its power (when granting him acquittal and discharge) as he was charged and was to face trial at the sessions court.
“The high court’s decision was neither made pursuant to its appellate nor revisionary jurisdiction, in respect of any criminal matter decided by the sessions court.
“In other words, the decision (by the high court) was made in breach of an express statutory provision and thus, it had occasioned a serious injustice which warrants the Court of Appeal to exercise its inherent powers, as expressly preserved under Rule 105 of the Rules of Court of Appeal 1994,” he said.
Muhyiddin, 76, was charged at Kuala Lumpur sessions court with four counts of power abuse in March last year, over the RM232.5 million that he allegedly received for Bersatu’s use.
The funds were alleged to have come from three companies – Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, and Mamfor Sdn Bhd, as well as from one Datuk Aman Yusof.
The charges were framed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2019, which carries a maximum of 20 years in jail, or a fine of five times the value of the money solicited, or RM10,000, whichever is higher.
Following his acquittal and discharge from all four counts last April, the prosecution filed its appeal against the high court’s decision.
The Court of Appeal, on February 28, ruled in favour of the prosecution, overturning the high court’s decision and ordered the charges against Muhyiddin to be reinstated and to be tried at sessions court.
Muhyiddin then filed an appeal against the Court of Appeal’s decision at the Federal Court on March 1.
Separately, Muhyiddin is also facing three money-laundering charges related to RM195 million he allegedly received from Bukhary Equity, and another RM5 million from unlawful activities.
He is also seeking to have these charges dropped. – March 28, 2024