PUTRAJAYA (Sept 27): The Court of Appeal has fixed Feb 28 and 29, 2024, to hear the prosecution’s appeal against the acquittal of former prime minister Tan Sri Muhyiddin Yassin over the striking out and acquittal of his abuse of power charges.

The date was confirmed by deputy public prosecutor Datuk Wan Shaharuddin Wan Laden, who attended case management before the appellate court’s deputy registrar Mohd Khairi Haron.

According to Wan Shaharuddin, the prosecution is to file its written submission by Jan 28, while the defence is to file its replies by Feb 16.

Any reply should be filed before Feb 26, he added.

Counsel Chethan Jethwani, along with Datuk Hisyam Teh Poh Teik and Datuk K Kumaraendran, attended for the defence in the case management.

On Aug 15, High Court judge Datuk Muhammad Jamil Hussin allowed the defence’s application to strike out the four abuse of power charges, as he ruled that the prosecution did not clearly disclose any offence.

“The charges are defective, and I am using my power to strike out the charges, as there was an abuse of process,” Jamil said.

He further explained that the four charges linked to the Jana Wibawa programme were defective, and not in accordance with the Criminal Procedure Code.

He said that the charges did not follow the Malaysian Anti-Corruption Commission (MACC) Act 2009, because they did not stipulate how the alleged offences were committed, and whether Muhyiddin had sat in a meeting or influenced a decision to allegedly receive the RM232.5 million he was charged with taking.

The prosecution, Jamil added, indicated that the details will come out during the course of the trial.

However, the judge said no details of the offences were highlighted, as the charges did not stipulate how they were committed and what they relate to.

Jamil said that to his understanding, these factors resulted in injustice, as the defence was not able to prepare its case, as the requirements of Sections 152 and 153 of the Criminal Procedure Code had not been fulfilled.

“This creates a confusion, as there is no proper notice of what he is accused with — the way the offences were committed. This resulted in a mistake and failure in proper procedures. The court finds the charges to be defective, and this court considers this [to be] an abuse of the court process,” he said, adding that the court is using its inherent jurisdiction to allow the striking out of the four abuse of power charges.

Following that, Jamil further ordered the discharge and acquittal of the four abuse of power charges on Muhyiddin.

The prosecution then filed an appeal over the acquittal.

Muhyiddin, 76, is charged with his party Parti Pribumi Bersatu Malaysia having allegedly received RM232.5 million in bribes from corporate entities and an individual between March 1, 2020 and Aug 20, 2021, in his capacity as then prime minister and Bersatu president.

The charges alleged that the money was deposited into Bersatu’s bank accounts from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd and Datuk Azman Yusoff.

Meanwhile, the prosecution had on Sept 21, filed an application to seek a stay of proceedings to Muhyiddin’s three money laundering charges at the Sessions Court, on the grounds of awaiting the outcome of the prosecution’s appeal in the abuse of power charges.

The prosecution cited there is public interest and compelling reasons for the court to grant an urgent reason to stay the proceedings.

According to Wan Shaharuddin, the application for stay of proceedings is fixed for Nov 29.

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High Court strikes out Muhyiddin’s four abuse of power charges, acquits the ex-PM