Muhyiddin wants 5-member appeals panel to hear review bid

Former prime minister Muhyiddin Yassin wants the Court of Appeal to review a ruling overturning his acquittal of four charges of abuse of power in connection with the Jana Wibawa programme. (Bernama pic)

PUTRAJAYA: Former prime minister Muhyiddin Yassin has requested that a five-member Court of Appeal bench hear his review application in his bid to restore a High Court ruling that acquitted him of four abuse of power charges last year.

Lead counsel Hisyam Teh Poh Teik said the application was made to senior assistant registrar Nurul Azrina Yusof during case management today.

The former prime minister’s lawyers were, however, asked to put their request in writing to the Court of Appeal president for consideration.

“We will do that in due course. There is a serious issue of law on jurisdiction to be determined,” he told FMT.

Review applications in the Court of Appeal are normally heard by a three-member bench.

Hisyam said Azrina had also fixed July 9 for the hearing of the review application.

Parties were given until June 9 to file their written submissions in connection with the review and the preliminary objection raised by the prosecution.

The prosecution is seeking to strike out Muhyiddin’s review application on grounds that it is frivolous and an abuse of the court process.

Counsel K Kumaraendran and Chetan Jethwani also appeared for Muhyiddin, while deputy public prosecutor Zander Lim represented the prosecution.

Muhyiddin argues that the Court of Appeal’s decision, handed down on Feb 24, was a nullity as it had not been conferred with the jurisdiction to hear the matter under Section 50(1) of the Courts of Judicature Act 1964.

A three-member Court of Appeal bench chaired by Justice Hadhariah Syed Ismail allowed the prosecution’s appeal and ruled that the High Court had erred in law in holding that the charges were defective.

“The charges were unambiguous. There is no necessity for the prosecution to give further particulars as to how the offence was committed,” Hadhariah said.

Muhyiddin, the Bersatu president, was charged in March last year 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 party.

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

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

Muhyiddin also faces three counts of money laundering involving RM200 million.