The charges against Muhyiddin are clear and not vague – Court of Appeal

The charges against Muhyiddin are clear and not vague – Court of Appeal

Kuala Lumpur: The four charges of abuse of power related to the Jana Wibawa project against former Prime Minister Tan Sri Muhyiddin Yassin are clear and not vague, said the Court of Appeal in its written grounds issued last week.

Judge Datuk Hadhariah Syed Ismail said the charges had listed all the details necessary to prove the offense under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) 2009.

“In our opinion, the details contained in each of the four charges are sufficient to notify Muhyiddin of the matters he is accused of,” she said in her reasoning spread across 32 pages dated April 16 this year, which was posted on the Judiciary’s website.
She said Muhyiddin was not misled in any way simply due to the lack of details.

Judge Hadhariah said, therefore, there was no need for the prosecution to provide further details on how the offense was committed.
On February 28, a three-judge panel of the Court of Appeal led by Judge Hadhariah allowed the prosecution’s appeal and reinstated the charges that had previously been dismissed by the High Court.

The other two judges were Datuk Azmi Ariffin and Datuk S.M. Komathy Suppiah.

In her reasoning, Judge Hadhariah said the High Court judge erred when he held that the charges were unclear and that Muhyiddin had been misled.

She said all four elements for the offense under Section 23 (1) of the Malaysian Anti-Corruption Commission Act were stated in the charges.

Judge Hadhariah said Muhyiddin was charged in his capacity as the prime minister and president of the Parti Pribumi Bersatu Malaysia (PPBM) and therefore fulfilled the first element of the offense that he was a “public officer.”

Judge Hadhariah said the second element of the offense had been stated because the charges also alleged that Muhyiddin had used his position.

As for the third and fourth elements of the offense, she said, the charges against Muhyiddin had stated the word “bribe” and that the bribe was for his ally, namely PPBM.

Muhyiddin, 76, as the Prime Minister and President of PPBM at the time, was charged with using his position to obtain bribes totaling RM232.5 million from three companies namely Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd and Datuk Azman Yusoff on behalf of these companies.

He is alleged to have committed the act at the Prime Minister’s Office, Perdana Putra Building, Federal Government Administrative Center in Putrajaya between March 1, 2020, and August 20, 2021.

Muhyiddin also faces two charges of receiving proceeds from illegal activities totaling RM195 million from Bukhary Equity Sdn Bhd which were deposited into the CIMB Bersatu Bank account.

He is alleged to have committed the act at the CIMB Bank Tower Branch, Jalan Stesen Sentral between February 25 and July 16, 2021, and between February 8 and July 8, 2022.

Muhyiddin’s application for leave to appeal the Court of Appeal’s decision on February 28 to reinstate the charges will be heard by a five-judge panel of the Court of Appeal on July 9.

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