PUTRAJAYA – The four abuse of power charges in connection with Jana Wibawa preferred against Tan Sri Muhyiddin Yassin are clear and not ambiguous, the Court of Appeal said in its written judgment released last week.
Justice Datuk Hadhariah Syed Ismail said the charges had listed all the necessary ingredients to establish an offence under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
“In our opinion the particulars contained in each of the four charges were sufficient to give Muhyiddin notice of the matter with which he was charged,” she said in her 32-page grounds of decision dated April 16, posted on the judiciary’s website.
She said the former prime minister was not misled in any manner whatsoever merely due to the lack of particulars, and deemed it unnecessary for the prosecution to provide further particulars regarding the commission of the offence.
On February 28, the three-member Court of Appeal bench led by justice Hadhariah, alongside Datuk Azmi Ariffin and Datuk S.M. Komathy Suppiah, allowed the prosecution’s appeal and reinstated the charges that had been previously struck out by the high court.
Justice Hadhariah said the high court judge had erred when he held that the charges were not clear and Muhyiddin was misled.
She said all the four ingredients for an offence under Section 23(1) of the MACC Act were stated in the charges.
She then added that Muhyiddin was charged in his capacity as prime minister and president of Bersatu, therefore, satisfying the first ingredient of the offence that he was a “public officer”.
The second element of the offence was also articulated in the charges, alleging that Muhyiddin had used his position, she noted.
As for the third and fourth ingredients of the offence, she said the charges preferred against Muhyiddin had included the word “gratification” and that the gratification was for his associate, namely Bersatu.
Muhyiddin, then 76-years-old and serving as prime minister and Bersatu president, faced charges of leveraging his position to solicit bribes totalling RM232.5 million from three companies – Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd – as well as from one Datuk Azman Yusoff on behalf of the party.
He is accused of committing the alleged offence at the Prime Minister’s Office, Perdana Putra, Federal Government Administration Centre in Putrajaya between March 1, 2020 and August 20, 2021.
Muhyiddin also faces two charges of receiving illegal proceeds amounting to RM195 million from Bukhary Equity, deposited into Bersatu’s CIMB Bank account.
He allegedly committed the act at CIMB’s Menara KL Branch, Jalan Stesen Sentral between February 25 and July 16, 2021 and between February 8 and July 8, 2022.
Muhyiddin’s application to obtain leave to commence a judicial review of the February 28 Court of Appeal decision to reinstate the charges against him will be heard by a five-member panel of the Court of Appeal on July 9. – May 6, 2024