KUALA LUMPUR (March 4): Lawyers for former prime minister Tan Sri Muhyiddin Yassin have informed the Sessions Court on Monday that they would apply for a stay of his abuse of power charges and money-laundering trial pending his appeal to the Federal Court over the reinstatement of four abuse of power charges.
Muhyiddin’s counsel Datuk Hisyam Teh Poh Teik, who appeared with Datuk K Kumaraendran and Chethan Jethwani, informed judge Azura Alwi that following the Court of Appeal's (COA) decision on Wednesday to reinstate the abuse of power charges, they had filed a notice of appeal to the Federal Court.
“The application before the Federal Court will be a review of the COA decision or other mode of appeal over Wednesday’s decision. Hence, the defence would like a stay of proceedings pending the Federal Court matter,” Teh said.
However, the prosecution, led by deputy public prosecutor (DPP) Datuk Wan Shaharuddin Wan Laden, indicated that they are giving preliminary notice of objecting to the stay application as this case originated from the Sessions Court and the defence's application to file the notice of appeal to the Federal Court is unknown in law.
“Under Section 87 of the Courts of Judicature Act, since the case is in the Sessions Court, the matter should end in the Court of Appeal. Hence, the prosecution is objecting to the stay application before this court for the Federal Court to determine in their appeal,” he said.
Wan Shaharuddin appeared with DPPs Ahmad Akram Gharib and Poh Yih Tinn.
Following this, Azura fixed April 3 for mention for Muhyiddin’s matter to be case managed to update the court on the Federal Court matter.
Abuse of power charges reinstated
Last Wednesday (Feb 28), the COA allowed the prosecution’s appeal to reinstate Muhyiddin’s abuse of power charges as a bench led by judge Datuk Hadhariah Syed Ismail, in a unanimous decision, ruled that High Court judge Datuk Muhammad Jamil Hussin had erred in striking out the four charges and ordering the former PM’s acquittal.
"In our view, the four charges are clear and unambiguous, [and] as such, there is no necessity for the prosecution to set out the manner or give further particulars as to how the offence was committed.
"Therefore we allow the appeal and set aside the High Court order. The case is remitted to the Sessions Court Kuala Lumpur for the next course of action," Hadhariah said in delivering her judgement.
Last Thursday, Muhyiddin had filed his notice of appeal on the matter to the apex court.
The 77-year-old Pagoh Member of Parliament was charged along with his party, Parti Pribumi Bersatu Malaysia, with four counts of abuse of power of having received RM232.5 million in bribes from corporate entities and an individual between March 1, 2020 and Aug 20, 2021, in his capacity as the then prime minister and Parti Pribumi Bersatu Malaysia president.
According to the charges, the money are from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd and Datuk Azman Yusoff was deposited into Bersatu’s bank accounts.
He also faces three money-laundering charges linked to these four charges.
The three charges are framed under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.