Malaysia

Prosecution lists 13 reasons in appeal petition against decision to acquit Muhyiddin

They claim that judge erred in dismissing charges prematurely, hindering prosecution from presenting relevant, admissible evidence

Updated 2 years ago · Published on 29 Sep 2023 7:06PM

Prosecution lists 13 reasons in appeal petition against decision to acquit Muhyiddin

KUALA LUMPUR -- The prosecution has given 13 reasons in its appeal petition regarding the High Court’s decision to acquit Tan Sri Muhyiddin Yassin of four charges of using his position for bribes totalling RM232.5 million for the Bersatu party in connection with the Jana Wibawa project.

In the appeal petition filed on Sept 19, the prosecution said Judge Datuk Muhammad Jamil Hussin erred in law and facts for arbitrarily using his inherent powers to strike out the four charges against the former Prime Minister (respondent).

“...this case is not suitable for the court to do so and an indictment has been preferred in accordance with law,” it said in the petition.

The prosecution claimed that the judge also erred in dismissing the charges prematurely at this stage as it hindered the prosecution from presenting relevant and admissible evidence during the trial through witnesses and documentary evidence to prove the case.

“The judge erred when he arbitrarily exercised his inherent powers to dismiss the charges against the respondent, as the respondent’s application constitutes an abuse of the court process since it is premature and the trial has not yet commenced,” said the prosecution.

It alleged that the judge erred when the prosecution failed to state how Muhyiddin used his position resulting in the charges faced by the respondent being flawed.

“Furthermore, what was not stated by the prosecution is not an irreparable matter at this proceeding stage, as the prosecution can still present evidence to identify the violations and amend the charges at any trial stage with the court’s permission,” it said.

In addition, the prosecution said the judge was also wrong when he stated failure by the prosecution to provide details of the charges had confused the respondent.

“Whether what was not stated (in the charges) leads to an injustice can only be determined at the end of the trial, taking into account all the evidence presented before the presiding judge,” it added.

According to the prosecution, the judge erred when exercising inherent powers to dismiss the charges against the respondent, especially when the respondent failed to prove the charges against him amounted to an abuse of the court process.

Meanwhile, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin when contacted by reporters confirmed the appeal petition.

On Aug 15, the High Court acquitted and discharged the Pagoh MP from four counts of using his position as the then Prime Minister and Bersatu president to obtain bribes totalling RM232.5 million in connection with the Jana Wibawa project, after granting Muhyiddin’s application to quash all the charges.

The prosecution filed a notice of appeal at the Court of Appeal on the same day.

On Sept 27, the Court of Appeal fixed Feb 28 and 29, 2024 to hear the prosecution’s appeal.

Muhyiddin is still facing three more charges of money laundering amounting to RM200 million related to the Jana Wibawa project. -- Bernama, September 29, 2023

Related News

Malaysia / 1d

Former Tabung Haji COO’s charges put off after hospital admission

Malaysia / 3d

Document proves Muhyiddin participated in golf event in 2020 – Witness

Malaysia / 3d

Rosmah allowed to introduce fresh evidence in solar project appeal

Malaysia / 1w

Former TH chairman, former Treasury sec-gen arrive in court for remand hearing

Malaysia / 1w

Businessman contributed RM4.8m to Bersatu to return a favour

Malaysia / 1w

Lawyers’ breach of trust cases cause RM192m losses since 2023

Spotlight

Malaysia

Puteri Umno distances itself from viral Threads post

By Alfian Z.M. Tahir

Malaysia

MACC drops orange detention attire for court remand cases after PM’s call

World

Man jailed six years for keeping Indonesian woman as slave in Melbourne home

Malaysia

Emergency declared in Serian as haze reaches hazardous levels (UPDATED)

Malaysia

Haze in Serian enters emergency phase

Malaysia

Death sentence for deaf, mute man who killed family of four upheld

Malaysia

Retired army officer with Datuk title charged with alleged sexual assault of golf caddie

Heritage

Penang first state to recognise Hungry Ghost Festival, cemeteries as heritage

You may be interested

Malaysia

Former Tabung Haji COO’s charges put off after hospital admission

By Alfian Z.M. Tahir

Malaysia

Parliament must turn demographic shifts into laws, budgets, action, says Johari

Malaysia

Felda Co-op members urge PM to intervene in RM400m share redemption crisis

Malaysia

Ministries must spend according to set budgets - KSN

Malaysia

Six Malaysians held over RM45 million drug haul linked to co-pilot

Malaysia

Govt moves to overhaul death investigations with dedicated Coroner’s Law

Malaysia

UMNO’s future in Unity Government hangs on PAU decision

By Alfian Z.M. Tahir

Malaysia

UMNO steps up engagement with PAS as Asyraf Wajdi attends muktamar