The decision represents a win for the prosecution as the Court of Appeal reinstated four charges brought against Muhyiddin Yassin involving bribes of RM232.5 million.
The Court of Appeal has reinstated four charges of abuse of power against former prime minister Muhyiddin Yassin, overturning a previous ruling by the High Court.
In a unanimous decision, Justice Hadhariah Syed Ismail asserted that the High Court’s dismissal of the charges was legally flawed.
This development clears the path for the trial to resume in the Kuala Lumpur sessions court, unless Muhyiddin opts to appeal to the Federal Court and successfully obtains a stay order.
“The charges were unambiguous. There is no necessity to give further particulars,” Justice Hadhariah stated during the proceedings, which drew a crowd of Bersatu MPs and supporters.
The panel, comprising Justices Azmi Arifin and Komathy Suppiah, also rejected Muhyiddin’s argument that Bersatu did not fall under the definition of “associate” in the Malaysian Anti-Corruption Commission (MACC) Act 2009.
According to Justice Hadhariah, the term “organisation” encompasses groups formed for specific purposes, thus encompassing political societies like Bersatu.
“We agree with the appellant (prosecution) that the judge erred in law by concluding that the charges did not disclose any offence known to the law,” she added.
The charges against Muhyiddin stemmed from allegations of abusing his power as prime minister between February 8 and August 20, 2021, in relation to the Jana Wibawa programme, wherein he purportedly sought RM232.5 million for Bersatu. Muhyiddin pleaded not guilty to the charges in March last year.
The case will be scheduled for case management on March 4 before judge Azura Alwi in the sessions court.
In response to the ruling, Muhyiddin’s lawyer, Hisyam Teh Poh Teik, stated that his client was “seriously considering” appealing to the Federal Court.
Muhyiddin was represented by lawyers Amer Hamzah Arshad and K Kumaraendran, as well as Rosli Dahlan and Chetan Jethwani.
The prosecution was represented by deputy public prosecutors Dusuki Moktar, Wan Shaharuddin Wan Ladin, Ahmad Akram Gharib, Zander Lim, and Poh Yih Tinn.
Update: Following the ruling, Muhyiddin has now gone to the Federal Court to annul the appeals court ruling that overturned his acquittal after finding that four abuse of power charges framed against him are good in law.
Solicitors for Muhyiddin filed the notice of appeal in the Court of Appeal registry yesterday.
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