KUALA LUMPUR (Oct 4): Former prime minister Tan Sri Muhyiddin Yassin cited his successful application to strike out his abuse of power charges at the High Court, in a bid to set aside his three money-laundering charges at the Sessions Court.
In an application filed by Messrs Chethan Jethwani & Co on Monday, the Pagoh Member of Parliament sought to set aside the three money-laundering charges, and that he be granted a discharge not amounting to acquittal.
He cited that since the High Court on Aug 15 acquitted and discharged him from the predicate offence of abuse of power under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 — as the charges did not disclose any offence committed and were made without basis — the money-laundering charges under Section 4 (1) (b) of the Anti-Money Laundering, anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) should also fall.
In his supporting affidavit, Muhyiddin said that since the predicate offence of abuse of power had fallen, the purported charges under Section 4 of AMLA should also be considered as being without basis.
Muhyiddin is charged with three counts of money laundering amounting to RM200 million from Bukhary Equity Sdn Bhd, which is 99% controlled by Tan Sri Syed Mokhtar Albukhary, while the remaining 1% is held by the tycoon's wife Sharifah Zarah Syed Kechik. The sum was put into Parti Pribumi Bersatu Malaysia's account, of which Muhyiddin is the president.
The prosecution is appealing against the acquittal of Muhyiddin on the abuse of power charges, and the hearing at the Court of Appeal (COA) is fixed for Feb 28 and 29 next year.
The prosecution has also filed a stay of proceedings at the Sessions Court, pending the decision of the COA.
This application is fixed for hearing before Sessions Court judge Azura Alwi on Nov 29.