Muhyiddin will know whether he gets unconditional release of passport on Nov 29

Saturday 05 Oct 2024

KUALA LUMPUR (Nov 23): The Sessions Court here on Thursday, fixed Nov 29 to decide on Tan Sri Muhyiddin’s bid to have his passport returned to him permanently and unconditionally.

Judge Azura Alwi fixed the date after hearing submissions by the applicant’s lawyers Datuk K Kumaraendran and Amer Hamzah Arshad, as well deputy public prosecutors (DPP) Datuk Wan Shaharuddin Wan Laddin and Lim Wai Keong.

Earlier, Kumaraendran submitted that it shouldn’t be an issue for the court to release the passport unconditionally, as his client never failed to attend the court proceedings since the case had started.

“My client (Muhyiddin) also holds several important positions in this country...He is a Pagoh MP (Member of Parliament) and Bersatu’s president. He also possessed assets in Malaysia. Thus, it shouldn’t be an issue for the court to release the passport permanently,” said the counsel.

Furthermore, he argued that Muhyiddin has had his four charges for abuse of power involving RM232.5 million in connection with the Jana Wibawa project, struck out by the High Court and thus, should be given the unconditional release of his passport.

Muhyiddin also faces a further three charges of money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

There are two charges of receiving proceeds from unlawful activities amounting to RM195 million from Bukhary Equity, which was deposited into Bersatu’s CIMB Bank account.

The offences were allegedly committed at CIMB Bank Menara KL Branch, Jalan Stesen Sentral here, between Feb 25 and July 16, 2021, and between Feb 8 and July 8, 2022.

Muhyiddin was also charged at the Shah Alam Sessions Court on March 13 this year with receiving money from illegal activities amounting to RM5 million, and the case had been transferred to the Sessions Court here for a joint trial.

As the four predicate charges of abuse of power had been struck out, Kumaraendran said the three AMLA charges should also be struck out.

“If the predicate offence falls, how are they to prove that money (Muhyiddin is charged with misappropriating) was [from] unlawful activities? I’m saying they are unable to prove that. The High Court has held that [the] predicate offence discloses no offence,” he said before Azura.

Kumaraendran also said that the prosecution had objected to the application because they claimed that Muhyiddin was a flight risk, but never stated the reasons why he was a flight risk.

“The prosecution has not deduced an iota of evidence that he’s a flight risk. Except for saying that he’s a flight risk,” Kumaraendran said.

Kumaraendran’s co-counsel Amer Hamzah Arshad also elaborated about the AMLA charges.

“AMLA has been defined as post predicate charges, [so] there has to be a predicate offence. If it (the predicate offence) doesn’t exist, you cannot have the AMLA charges. Here, the AMLA charges can’t stand on its own and the predicate offence is non-existent,” he said.

Meanwhile, Wan Shaharuddin countered that the application should not be allowed, as the accused is still facing three money laundering charges which have not yet been disposed of.

The other DPP Lim argued that if the application is allowed, it would be a mockery to criminal justice, as the main reason for the accused to obtain the passport permanently was for a holiday purpose.

The prosecution and defence also cited other political personalities who have had their passports given to them, despite having charges against them.

They cited Datin Seri Rosmah Mansor, Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi, and former prime minister Datuk Seri Najib Abdul Razak, among others.

The prosecution said that while they all had received their passports, the instances were conditional and the same should apply to Muhyiddin, as Muhyiddin still has charges against him.

However, Amer Hamzah argued that Muhyiddin was declared innocent by the court and should be given an unconditional release of passports.

Muhyiddin, who was clad in a dark blue suit, was present at court on Thursday.

On Oct 16, Muhyiddin filed a notice of application for the court to vary the bond imposed on him for an unconditional release of his international passport.

In his affidavit in support, the Pagoh MP said that he needed the passport for a family holiday in London and a medical check-up in Singapore at the end of this year.

On Oct 2, Muhyiddin filed an application for the Sessions Court here to give him a discharge not amounting to acquittal (DNAA) of the three charges of money laundering, amounting to RM200 million, relating to the Jana Wibawa project.

The prosecution then filed a notice of appeal at the Court of Appeal against the decision, and hearing has been set for Feb 28 and 29 next year.

Edited ByIsabelle Francis

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