FORMER premier Tan Sri Muhyiddin Yassin has taken legal action seeking a review of the recent decision by the Court of Appeal, which overturned a High Court ruling that had acquitted him of four abuse of power charges. Solicitors Chetan Jethwani & Company filed the motion at the Court of Appeal registry, accompanied by an affidavit from Muhyiddin himself.
In his affidavit, he argued that the Court of Appeal’s decision was invalid and illegal, contending that it exceeded the jurisdiction conferred by Section 50(1) of the Courts of Judicature Act 1964. Copies of the legal documents have been served to the prosecution.
The motion seeks leave under Rule 105 of the Rules of the Court of Appeal 1994 to review the decision made on Feb 28. The Pagoh MP has also requested the Court of Appeal to utilise its inherent power in the interest of justice to restore the High Court’s ruling.
The Court of Appeal, in its ruling, allowed the prosecution’s appeal, with a three-member bench chaired by Justice Hadhariah Syed Ismail stating that the High Court had erred in law by considering the charges defective.
“The charges were unambiguous. There is no necessity for the prosecution to give further particulars as to how the offence was committed,” said Hadhariah.
Moreover, the appeals court rejected Muhyiddin’s contention that his political party Bersatu did not fall under the definition of “associate” in the Malaysian Anti-Corruption Commission Act 2009, asserting that a political society like Bersatu indeed qualified as an associate under the law.
“We agree with the appellant (prosecution) that the judge erred in law (in holding) that the charges did not disclose any offence known to the law,” added Hadhariah.
The three-member panel comprised Justices Azmi Arifin and Komathy Suppiah alongside Justice Hadhariah.
Furthermore, Muhyiddin was initially charged in March the previous year with abusing his power during his tenure as prime minister, allegedly in connection with the Jana Wibawa program, by purportedly seeking RM232.5 mil for Bersatu. He pleaded not guilty to these charges in the sessions court.
He had also filed an appeal in the Federal Court on March 1 to challenge the decision of the Court of Appeal. However, it is likely that this appeal will be withdrawn in light of the recent review application. – March 28, 2024
