FORMER prime minister Tan Sri Muhyiddin Yassin has filed an application to strike out three money laundering charges involving about RM200 mil linked to the Jana Wibawa scandal.
The Perikatan Nasional chairman also wants the Sessions Court to grant him a discharge not amounting to an acquittal (DNAA) from the charges.
According to a copy of Muhyiddin’s affidavit in support of the DNAA bid, the Bersatu president contended that the three money laundering charges are now “groundless” with the nullification of the four abuse of power charges.
He claimed that this was because money laundering charges depend on the existence of predicate (main) criminal charges such as abuse of power, arguing that with the four power abuse charges quashed, the three money laundering charges have become baseless.
On Aug 15, recall that High Court Judge Datuk Muhammad Jamil Hussin had acquitted and discharged Muhyiddin on all four charges of abuse of power.
Jamil, in his judgement said that all four charges were defective and in bad faith, adding that there were lack of details in the charge, and the accused was charged with offences unknown to the law.
According to Jamil, the four charges were flawed for not disclosing an offence under Section 23(1) of the Malaysian Anti-Corruption Act.
The Pagoh MP was charged with two counts of receiving RM195 mil in funds that were proceeds from unlawful activities between Feb 25 and July 16, 2021 and Feb 8 till July 8 last year.
He was also charged with one count of receiving RM5 mil in funds from Bukhary Equity Sdn Bhd, that were proceeds from unlawful activities on Jan 7 last year.
The charge is framed under Section 4(1)(b) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).
The offence under AMLATFPUAA carries a jail term not exceeding 15 years and a fine of at least five times the sum obtained from money laundering or RM5 mil, whichever is higher, upon conviction. – Oct 4, 2023
Main pic credit: Bernama