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THE prosecution has opposed Tan Sri Muhyiddin Yassin’s application to refer legal questions surrounding the Sedition Act 1948 to the Federal Court, arguing that the case involves no complex or extraordinary legal matters.
In a sworn affidavit filed in response to the application, Deputy Public Prosecutor Datuk Razali Che Ani stated that the legal issues raised — including those relating to Article 43(2)(a) of the Federal Constitution and Sections 3(2) and 3(3) of the Sedition Act — have already been addressed in previous rulings by higher courts.
“The issue raised is a matter of defence,” Bernama cited Razali saying. “It can be argued by Muhyiddin during the trial and should be determined by the trial judge after hearing all prosecution witnesses.”
He also noted that the matter remains academic at this stage, as the trial has yet to begin and no evidence has been presented. Razali maintained that the prosecution is being conducted in line with constitutional principles and the norms of Malaysia’s criminal justice system.
“It is not in the interest of justice to refer this case to the Federal Court. Therefore, I request that the applicant’s notice of motion be dismissed,” the affidavit concluded.
High Court Judge Datuk Muhammad Jamil Hussin has fixed 28 August for the hearing of Muhyiddin’s application to refer the matter to the apex court. The date was set during case management attended by Muhyiddin’s counsel, Joshua Tay, and Razali representing the prosecution.
Muhyiddin, 77, filed the application on 4 April, seeking to challenge the constitutional validity of certain provisions in the Sedition Act 1948. He previously pleaded not guilty to making seditious remarks during a campaign speech on 14 August 2024 at Dewan Semai Bakti Felda Perasu, Nenggiri.
The former prime minister is alleged to have claimed he was not invited by the Yang di-Pertuan Agong to be sworn in as Prime Minister following the 15th General Election, despite purportedly securing the support of 115 out of 222 MPs.
He faces charges under Section 4(1)(b) of the Sedition Act 1948, which carries a maximum sentence of three years’ imprisonment, a fine of up to RM5,000, or both, upon conviction. - June 4, 2025