In a significant legal development, the Attorney General’s Chambers (AGC) has lodged an appeal challenging the High Court's decision to drop four abuse of power charges against former Prime Minister Tan Sri Muhyiddin Yassin. The AGC, in a petition filed with the Court of Appeal, has outlined 13 compelling reasons why the discharge was ill-founded and the judge's ruling was legally flawed.
One of the primary contentions raised by the AGC revolves around the judge's alleged departure from established legal norms. They argue that the manner in which the decision was reached was inappropriate, especially given that charges had been duly brought against the respondent in accordance with the law. The AGC contends that prematurely dropping the charges without allowing the prosecution to present witnesses and evidence constitutes an abuse of the judicial process.
Furthermore, the AGC asserts that the judge's decision to release the defendant before the trial had commenced was premature and deprived the prosecution of the opportunity to present their case comprehensively. This move, according to the AGC, was made without affording them the chance to amend the charges if necessary, a step that could have been taken during the course of the proceedings.
Additionally, the AGC argues that the judge failed to acknowledge Parti Pribumi Bersatu Malaysia as a legitimate organization under the definition of "associate" in Section 3 of the Malaysian Anti-Corruption Commission (MACC) Act 2009. Despite the party's registration under the 1966 Societies Act, the AGC contends that it still qualifies as a registered association and is thus subject to legal liability.
The AGC's appeal, dated September 19, 2023, and signed by deputy public prosecutor Datuk Mohd Dusuki Mokhtar, marks a significant legal maneuver in this high-profile case. On August 15 of the same year, High Court judge Datuk Muhammad Jamil Hussin granted Muhyiddin's application to strike out the charges, asserting that they were vague, flawed, and lacking foundation. Consequently, the former prime minister was acquitted and discharged, prompting the prosecution to file its notice of appeal on the same day.
The charges against Muhyiddin stemmed from allegations that he had exploited his position as prime minister and Bersatu president to solicit bribes from various companies, including Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, and Mamfor Sdn Bhd, as well as from Datuk Azman Yusoff, for the party. These purported offenses were said to have occurred between March 1, 2020, and August 20, 2021, at the Prime Minister’s Office in Putrajaya.
In addition to these charges, Muhyiddin also faces accusations of receiving proceeds amounting to RM195 million from unlawful activities via Bukhary Equity, which were allegedly deposited into Bersatu’s CIMB Bank account. These financial transactions are said to have taken place at CIMB Bank Menara KL Branch between February 25 and July 16, 2021, and between February 8 and July 8, 2022.
The former prime minister is further accused of receiving RM5 million in funds from Bukhary Equity Sdn Bhd, which were allegedly proceeds from unlawful activities. This transaction purportedly took place at the Ambank Amcorp Mall branch in Selangor on January 7 of the preceding year, with the funds being credited to the party’s Ambank account.
The AGC's appeal, supported by a thorough enumeration of legal objections, underscores the gravity of the charges and the importance of due process in this high-profile case. The outcome of this appeal will undoubtedly have far-reaching implications for both Muhyiddin Yassin and the broader legal landscape in Malaysia.
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