The legal saga surrounding Tan Sri Muhyiddin Yassin's RM232.5 million graft case has reached its conclusion, as he is unable to appeal to the Federal Court following the Court of Appeal's decision to overturn his acquittal, according to a prosecutor.
Deputy public prosecutor Wan Shaharuddin Wan Ladin explained that since Muhyiddin's case originated in the Sessions Court, the highest avenue of appeal available to him is the Court of Appeal, as stipulated by Section 87 of the Courts of Judicature Act 1964.
"In light of Section 87, since the case is in the Sessions Court, the matter should end at the Court of Appeal. Hence, the prosecution objects to the stay application before this court for the Federal Court to determine (the) appeal," Wan Shaharuddin stated during the case mention.
Muhyiddin's defence team had applied for a stay of proceedings at the Sessions Court, with his lawyer, Datuk Hisyam Teh Poh Teik, informing Judge Azura Alwi that they had filed a notice of appeal at the Federal Court against the decision to reinstate Muhyiddin's power abuse charges on Feb 28.
"The application before the Federal Court will be a review of the appellate court's decision or other mode of appeal over Wednesday's decision. Hence, the defence would like a stay of proceedings," Hisyam explained.
Azura scheduled the mention for April 3 for the parties to update the court on the appeal.
During the case, Wan Shaharuddin was accompanied by deputy public prosecutors Ahmad Akram Gharib and Poh Yih Tinn, while Hisyam was assisted by Datuk K. Kumaraendran and Chethan Jethwani.
The Court of Appeal's three-member panel, chaired by Justice Hadhariah Syed Ismail, reinstated the four criminal charges of power abuse involving RM232.5 million against Muhyiddin on Feb 28, overturning a previous decision by the High Court. The panel unanimously ruled that the High Court had erred in law when it deemed the charges defective.
On Feb 15 last year, Azura had granted the prosecution's application for a stay of proceedings of three other money-laundering charges amounting to RM200 million, pending the appeal over the striking out of abuse of power charges against the Bersatu president.
Muhyiddin, 76, was accused of using his position as the then prime minister and Bersatu president to obtain bribes totaling RM232.5 million from three companies, namely Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, and Mamfor Sdn Bhd, as well as from Datuk Azman Yusoff, for the party. The alleged offenses took place at the Prime Minister's Office, Bangunan Perdana Putra, Federal Government Administration Centre in Putrajaya between March 1, 2020, and Aug 20, 2021.
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