KUALA LUMPUR – Perikatan Nasional (PN) chairman Tan Sri Muhyiddin Yassin has succeeded in his attempt to quash all four bribery and abuse of power charges against him, amounting RM232.5 million in connection with the Jana Wibawa project.
The verdict was read out by judge Datuk Muhammad Jamil Hussin at the high court here today.
He ruled that the four charges were vague, flawed and unfounded because they did not contain details of the offences committed.
“Therefore, the court allowed the applicant’s (Muhyiddin) application to strike out all four charges. With this, the applicant is acquitted and discharged.”
In reading out his judgement, the judge also ruled that the charges were defective and not in line with the Criminal Procedure Code, adding that the unclear nature of the charges made it difficult for Muhyiddin to prepare his defence.
“The lack of details and sufficient notice on the alleged offences committed, as well as inadequate clarity on how power abuse happened, amounted to a violation of (Muhyiddin’s) basic right to a fair trial.”
Judge Jamil said the court has the power to set aside or cancel the charges and suspend the charges permanently.
He also rejected the prosecution’s previous argument that the details and particulars of the charges would be revealed during trial proceedings.
Speaking to reporters at the court complex here after the verdict was delivered, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin confirmed that the prosecution will be filing an appeal against today’s decision.
“The prosecution will appeal (the acquittal). For the other pending charges related to money laundering, we will file for a stay pending the appeal.”
Meanwhile, when met by media members at the courthouse here after proceedings, Muhyiddin said today’s ruling has vindicated his claims from the onset that the four charges were “politically motivated”.
“I’ve always felt that these false charges which do not disclose any offence were a political persecution. I haven’t done anything wrong (according to) the Malaysian Anti-Corruption Commission (MACC) Act nor any other laws.
“I will continue to work hard to explain to the people how I have been wronged. This should not have happened and was an abuse of the court process by certain quarters,” he added.
Also present to show their support for the former prime minister was Bersatu Youth chief Wan Ahmad Fayhsal Wan Ahmad Kamal, who led the crowd in cheers of “referendum” and “takbir” after Muhyiddin’s comments.
On the remaining charges against Muhyiddin, defence lawyer Datuk Hisyam Teh Poh Teik said that while the charges are pending before the criminal court, today’s decision means that they cannot stand anymore.
This, he said, is because the money laundering charges are dependent on the predicate power abuse charges, which have now been nullified.
Last April 18, Muhyiddin filed a notice of motion to request that he be acquitted and discharged of the four charges, alleging that the charges lacked particulars as to how he had abused his position or the Prime Minister’s Office for bribery-related purposes.
The RM232.5 million, allegedly for party use, is said to have come from three companies – Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd as well as from one Datuk Azman Yusof.
In addition to the four charges, Muhyiddin is also facing two charges of receiving proceeds from unlawful activities amounting to RM195 million from Bukhary Equity which was deposited into Bersatu’s CIMB Bank account.
Muhyiddin was also charged in the Shah Alam Sessions Court last March 13 with receiving proceeds from unlawful activities amounting to RM5 million. The case has since been transferred to the sessions court here to be tried with the other cases. – August 15, 2023