KUALA LUMPUR – Tan Sri Muhyiddin Yassin’s application to the Court of Appeal to review its decision, which reinstated his power abuse charges, will be heard on July 9.
The court has fixed April 26 and May 10 for the respondents to file their affidavits in reply to Muhyiddin’s application and for Muhyiddin to file any response affidavit, if necessary.
Additionally, the court has set June 9 as the deadline for parties to file any preliminary objections or arguments on the merits and June 26 for any counter-argument affidavits.
The former prime minister filed an application on March 27, requesting that the Court of Appeal review its decision. The application was filed through Messrs Chetan Jethwani & Co.
The application was filed after the appellate court’s decision, which reinstated four charges of abuse of power against Muhyiddin and ruled that he would be tried in the sessions court. The verdict was issued on February 28.
In his supporting affidavit, Muhyiddin claimed that the appellate court panel had erred because it did not have the power to reinstate the charges.
Muhyiddin stated in his affidavit, “The panel of judges in the Court of Appeal acted beyond its jurisdiction as accorded under Section 50(1) of the Courts of Judicature Act (CJA) 2964. Therefore, their verdict in February is invalid and illegal.”
Section 50(1) of the CJA empowers the Court of Appeal to hear and determine any appeal against decisions made by the high court in the exercise of its original jurisdiction, as well as appeals or revisions on criminal matters decided by the sessions court.
However, Muhyiddin said that based on his solicitor’s advice, he believed the high court had also acted beyond its authority in granting him an acquittal and discharge, as he was originally charged and was to face trial at the sessions court.
Muhyiddin, 76, faced charges at the Kuala Lumpur sessions court for abusing his power in relation to RM232.5 million allegedly received for the use of his political party, Bersatu.
The charges, brought in March of the previous year, encompass four counts of corruption. It is alleged that the funds came from three companies – Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, and Mamfor Sdn Bhd – as well as from an individual named Datuk Aman Yusof.
The charges were framed under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2019, which carries a maximum penalty of 20 years in prison, or a fine of five times the value of the solicited money, or RM10,000, whichever is higher.
Following his acquittal and discharge from all four counts last April, the prosecution appealed the high court’s decision. The Court of Appeal subsequently ruled in the prosecution’s favour.
In a separate case, Muhyiddin is facing three money laundering charges related to allegedly receiving RM195 million from Bukhary Equity and another RM5 million from unlawful activities.
He is also seeking to have these charges dropped. – April 16, 2024