KUALA LUMPUR (April 16): Former prime minister Tan Sri Muhyiddin Yassin has requested for a bench of five Court of Appeal (COA) judges to hear his review against the court’s own decision to reinstate abuse of power charges involving RM232.5 million against him.
On Feb 28, the court's three-member panel chaired by judge Datuk Hadhariah Syed Ismail reinstated the four charges previously struck out by the High Court.
At a case management meeting at the COA on Tuesday, Muhyiddin’s lawyer Datuk Hisyam Teh Poh Teik conveyed his client’s intent to have five judges hear the review application to restore his discharge and acquittal (DAA) in an abuse of power case linked to the Jana Wibawa programme.
The COA registrar then informed the lawyer that he would have to put it in writing to COA President Tan Sri Abang Iskandar Abang Hashim.
The court then set July 9 to hear the review against its own decision to reinstate the charges.
On March 1, Muhyiddin filed an appeal in the Federal Court against the appellate court’s restoration of the four charges against him. However, he has since withdrawn that appeal as he cannot appeal the COA’s decision in the Federal Court because his case originated in the Sessions Court.
The highest his appeal can go to is the COA. Thus, this is the reason the Pagoh Member of Parliament is seeking a review by the COA of its decision.
In the notice of motion, Muhyiddin is seeking for the COA to set aside its previous order and restore the Aug 15 decision of the High Court that struck out the four charges and acquitted and discharged him.
The Bersatu president said the decision of the COA was a nullity or illegality as it was made without jurisdiction, as required under Section 50(1) of the Courts of Judicature Act 1964.
Muhyiddin, 76, who is also Perikatan Nasional’s chairman, was charged with using his position as then prime minister to obtain bribes amounting to RM232.5 million from three companies, namely Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd, and one Datuk Azman Yusoff for the party.
He is accused of committing the act at the Prime Minister's Office, Bangunan Perdana Putra in Putrajaya, between March 1, 2020, and Aug 20, 2021.
He also faces two charges of receiving money from illegal activities amounting to RM195 million from Bukhary Equity which was deposited into Bersatu's CIMB Bank account.
He allegedly committed the offence at CIMB Bank Menara KL Branch, Jalan Stesen Sentral, Kuala Lumpur Sentral, between Feb 25 and July 16, 2021, and between Feb 8 and July 8, 2022.
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