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KUALA LUMPUR - The High Court today acquitted and discharged former Prime Minister Tan Sri Muhyiddin Yassin of one charge of using his position to obtain a RM200 million bribe and three money laundering charges involving the same amount.
Judge Noor Ruwena Md Nurdin made the ruling after deputy public prosecutor Datuk Ahmad Akram Gharib applied to discontinue the case against Muhyiddin, 79, under Section 254(1) of the Criminal Procedure Code.
However, the Pagoh MP still faces three charges of abuse of position involving RM25.3 million in bribes.
Muhyiddin was acquitted and discharged of one count of using his position as Prime Minister and Bersatu President to obtain a RM200 million bribe for Bersatu from Bukhary Equity Sdn Bhd, linked to the Jana Wibawa project, at the Prime Minister's Office in Bangunan Perdana Putra, Putrajaya, between March 1, 2020 and Aug 20, 2021.
He was charged under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries a maximum penalty of 20 years' imprisonment and a fine of five times the value of the bribe or RM10,000, whichever is higher, upon conviction.
He was also discharged of three counts of receiving proceeds from unlawful activities amounting to RM200 million from Bukhary Equity, which were deposited into Bersatu's AmBank and CIMB Bank accounts in Petaling Jaya and Kuala Lumpur between February 2021 and July 2022.
The charges were framed under Section 4(1)(b), read together with Section 87(1), of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The offence is punishable by imprisonment of up to 15 years and a fine of not less than five times the amount or value of the proceeds of unlawful activities or the instrumentalities of the offence at the time it was committed, or RM5 million, whichever is higher, upon conviction.
In her ruling, Judge Noor Ruwena said that invoking Section 254(3) of the Criminal Procedure Code means the prosecution no longer intends to pursue the charges against the accused.
"In this case, the prosecution gave no reason for the application other than stating that it does not intend to proceed with the charges. However, the matter was left to the court's discretion.
"Accordingly, the court discharges and acquits the accused of the four charges," she said.
Earlier, Ahmad Akram had sought an order for the accused to be discharged not amounting to an acquittal (DNAA) on all four charges after reviewing the overall position of the case.
"To avoid any confusion, the prosecution's application today is limited to these charges only and does not involve the other charges the accused still faces," he said.
Earlier, Wan Shaharuddin told Judge Ruwena that Ahmad Akram had a matter to raise before the court.
The matter arose while a prosecution witness was still on the stand.
Ahmad Akram then sought an order for a discharge not amounting to an acquittal (DNAA) on the four charges, after reviewing the overall position of the case.
"The prosecution has decided not to proceed with the first charge (using his position) and the three money laundering charges involving Bukhary Equity Sdn Bhd," said Ahmad Akram.
Lawyer Datuk Hisyam Teh Poh Teik, representing Muhyiddin, urged the court to exercise its discretion under Section 254(3) to grant a discharge amounting to an acquittal (DNA).
He said the witness list did not include Tan Sri Syed Mokhtar Al-Bukhary and representatives from Bukhary Equity, even though they were said to be key witnesses for the four charges.
"No strong grounds have been raised by the prosecution as to why it is seeking a DNAA. The law is very clear that strong grounds must be given. Otherwise, the court has no choice but to grant a discharge amounting to an acquittal.
"Therefore, based on those authorities and the grounds we have raised, the appropriate order in the interest of fairness and justice is for Tan Sri Muhyiddin to be discharged and acquitted of all four charges," said the lawyer.
Muhyiddin is now being tried on three charges of using his position to obtain RM25.3 million in bribes for Berstau from Nepturis Sdn Bhd, Mamfor Sdn Bhd and KCJ Engineering Sdn Bhd, as well as KCJ Engineering director Datuk Seri Azman Yusoff, in connection with the same project.
The acts were allegedly committed at the Prime Minister's Office in Bangunan Perdana Putra, Putrajaya, between March 1, 2020 and Aug 20, 2021.
The offence, under Section 23(1) of the MACC Act 2009, is punishable by a maximum penalty of 20 years' imprisonment and a fine of five times the value of the bribe or RM10,000, whichever is higher, upon conviction. - BERNAMA
