Charges clear enough for Muhyiddin to prepare defence, says court

A Court of Appeal bench will hear Muhyiddin Yassin’s application on July 9 for a rehearing of his appeal as he seeks to restore his acquittal from four abuse of power charges. (Bernama pic)

PUTRAJAYA: Former prime minister Muhyiddin Yassin can prepare his defence to the four charges of abuse of power he faces in connection with the Jana Wibawa programme, the Court of Appeal said in written grounds released last week.

Justice Hadhariah Syed Ismail said the charges had listed all necessary ingredients to establish an offence under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.

“In our view, the charges are clear and unambiguous,” she said in the 31-page written grounds posted on the judiciary’s website.

On Feb 28, a three-member appeals court bench led by Hadhariah allowed the prosecution’s appeal and reinstated the charges previously struck down by the High Court.

Delivering the court’s unanimous decision, Hadhariah said the High Court had erred in law by holding that the charges were defective.

Also on the three-member panel hearing the appeal were Justices Azmi Arifin and Komathy Suppiah.

In the judgment, Hadhariah noted that Muhyiddin was charged in his capacity as prime minister and president of Bersatu, therefore satisfying the first ingredient that he is a “public officer”.

She said the second ingredient of the offence was also present as the charges claimed that he had allegedly used his position.

Hadhariah said the reference to gratification and the claim that it had been obtained by Muhyiddin for an “associate”, namely Bersatu, was sufficient to form the third and fourth ingredients of the charges.

“In our opinion, the particulars contained in each of the four charges were sufficient to give the respondent (Muhyiddin) notice of the matter with which he was charged,” she said, adding that he had no basis to claim that he was misled by a lack of particulars.

As such, there was no necessity for the prosecution to give further particulars as to how the offence was committed, the judge said.

Hahariah said the bench agreed with the prosecution that the manner in which the offences were committed was not the ingredient of the offences which needed to be set out in the charges.

“Section 23(1) of the MACC Act does not require the appellant (prosecution) to state in each charge whether ‘the respondent made any decision’ or ‘took any action’ for the gratification,” she said.

The judge said the bench agreed with the prosecution that the manner in which the offences were committed could be proven through evidence led at the trial.

On Aug 15 last year, Justice Jamil Hussin allowed Muhyiddin’s application to strike out the charges and used his inherent powers to acquit the former prime minister.

Muhyiddin was charged with abusing his power as prime minister between Feb 8 and Aug 20, 2021 in connection with the Jana Wibawa programme by seeking to obtain RM232.5 million for his “associate”, Bersatu.

He pleaded not guilty after the charges were read out to him in the sessions court here before judge Azura Alwi on March 10.

On July 9, a five-member Court of Appeal bench will hear Muhyiddin’s application for a review of its decision in a bid to set aside the Feb 28 decision and have the appeal reheard before a new panel.

Muhyiddin’s lead counsel Hisyam Teh Poh Teik said the defence team had asked for an enlarged panel as the case involved a serious issue of law concerning the appeals court’s jurisdiction.

However, the prosecution has applied to strike out the application on grounds that it is frivolous and an abuse of the court process.