High Court Acquits Muhyiddin Of 4 Abuse Of Power Charges
High Court judge Datuk Muhammad Jamil Hussin said the charges were defective and in bad faith.
By Yap Wan Xiang — 15 Aug 2023, 06:21 PM
The Kuala Lumpur High Court has discharged and acquitted former prime minister Tan Sri Muhyiddin Yassin on all four charges of abuse of power linked to the Jana Wibawa programme
According to New Straits Times, High Court judge Datuk Muhammad Jamil Hussin squashed the case, ruling that all four charges were defective and in bad faith.
In his judgment on 15 August, he stated that the charges lacked details, which caused Muhyiddin to not know what counter actions he needed to take to defend the case.
Muhammad Jamil said the four charges did not contain details of how the offences were committed, as stipulated under Section 154 of the Criminal Procedure Code (CPC).
"The applicant (Muhyiddin) should not be allowed to speculate on how he was (alleged) to have committed the offences (in the four power abuse charges), on how he is supposed to prepare his defence (when he is not sure what the details of the alleged offences are).
"His fundamental right to a fair trial under the Federal Constitution was contravened," Malaysiakini quoted the judge as saying.
Separately, Muhammad Jamil also ruled that Muhyiddin was charged on offences unknown to the law
He said that the four charges were flawed for not disclosing an offence under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act.
Emphasising that Bersatu, a registered society under Section 7 of the Societies Act 1966, should not be considered an affiliate as per the MACC Act's definition, Muhammad Jamil pointed out that the accused faced charges that lacked legal foundation.
He stated that the accused had been charged with an offence not recognised by the law, raising questions about the validity of the allegations.
"The MACC Act uses organisations and societies separately, hence an organisation is not included as a society.
"The four charges which stated bribery for its affiliate Bersatu did not reveal any offence under the Section 23(1) of the MACC Act.
"It is clear to me that the accused was charged with an offence unknown to the law," ruled the High Court judge.
In response to today's judgement, the Attorney General's Chambers (AGC) confirmed that the prosecution has filed an appeal on the case, reported New Straits Times.
In March, Muhyiddin was charged with four counts of using his position as the prime minister and Bersatu president to ask for bribes that amounted to RM232.5 million
He was accused of receiving the bribes from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd, and Azman Yusoff.
With the four charges squashed, Muhyiddin is still facing three other criminal charges under the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) at the Sessions Court, reported Malay Mail.
He is expected to appear at the court on 19 September for the case mention.
