THE Court of Appeal said former premier Tan Sri Muhyiddin Yassin can prepare his defence to his four abuse of power charges he faces in connection with the Jana Wibawa programme.
In written grounds released last week, Justice Datuk 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, reported FMT.
“In our view, the charges are clear and unambiguous,” she said in the 31-page written grounds posted on the judiciary’s website.
Recall that on Feb 28, the prosecution had succeeded in its appeal over Muhyiddin’s discharge by the High Court in relation to the four charges of abuse of power.
A three-member Court of Appeal panel led by Hadhariah said the decision was unanimous. She was joined by Judge Datuk Azmi Ariffin and Datuk SM Komathy Suppiah.
They ordered for the reinstatement of the four charges and set March 4 for case mention at the Sessions Court.
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.
According to Hadhariah, 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 was quoted as saying, further noting that he had no basis to claim that he was “misled” by a lack of particulars.
Therefore, the judge said there was no necessity for the prosecution to give further particulars as to how the offence was committed.
The judge 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.
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 mil 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. – May 6, 2024
Main pic credit: Bernama
