KUALA LUMPUR (Feb 18): The prosecution for Tan Sri Muhyiddin Yassin’s corruption case informed the Sessions Court on Tuesday that tycoon Tan Sri Syed Mokhtar Bukhary, as well as Investment, Trade and Industry Minister Tengku Datuk Seri Zafrul Abdul Aziz are among witnesses to be called in the former prime minister’s trial.
Deputy public prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin informed Sessions Court judge Azura Alwi of this when the prosecution submitted a list of 30 witnesses for the trial, which has been tentatively fixed for seven days beginning Sept 17.
Wan Shaharuddin said the list includes six other witnesses to testify in relation to Muhyiddin's money laundering charges, including one Tan Sri Syed.
When met later after proceedings, Wan Shaharuddin confirmed the name he referred to as “Syed” was Tan Sri Syed Mokhtar.
Other dates fixed are from Oct 6 to 8, and Nov 26 to 27, 2025, as well as Jan 13 to 15, 2026.
Zafrul was formerly the finance minister during Muhyiddin's time as prime minister.
Besides Syed Mokhtar and Zafrul, those listed include Parti Pribumi Bersatu Malaysia treasurer Datuk Mohd Salleh Bajuri and Muhyiddin's former principal private secretary Datuk Dr Marzuki Mohamad.
Azura also ordered that the statement of vital witnesses be handed to the defence within three weeks before their testimony, and other lesser important witnesses within two weeks.
Lawyers Datuk K Kumaraendran and Chethan Jethwani appeared for Muhyiddin.
Chethan informed the court that the defence wants evidence favourable to it to be provided first, before Muhyiddin is asked to submit his defence statement, following a recent High Court decision that allowed businessman Datuk Seri Sim Choo Thiam's application.
"The facts relevant to the defence are not tied to the Malaysian Anti-Corruption Commission Act, but to the Criminal Procedure Code (CPC),” said Chethan.
According to the Sim Choo Thiam decision, the CPC obligates the prosecution to disclose any "facts favourable to the defence" — meaning that the prosecution must provide the accused with any information or evidence that could support their innocence, including a written statement of such facts, as stipulated under Section 51A of the Code. This ensures a fair trial by giving the defence access to potentially exculpatory information.
Wan Shaharuddin reiterated that the prosecution would provide the facts relevant to Muhyiddin's defence after the former PM submits his defence statement.
Azura told parties to sort the matter out between themselves and decide on whether the prosecution would hand over evidence that was deemed favourable to the defence first, or whether Muhyiddin's defence statement had to be submitted first. She fixed May 14 as case management for the matter.
According to Section 62 of the MACC Act, an accused person must tender his defence statement to the court after delivery of documents by the prosecution to the defence.
At the last sitting, the Sessions Court judge had ordered that all of Muhyiddin’s seven charges related to the Jana Wibawa matter be combined to one court.
Muhyiddin, 77, was charged with allegedly using his position as president of Parti Pribumi Bersatu Malaysia and then-prime minister to obtain RM232.5 million in bribes from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd, and a person by the name of Datuk Azman Yusoff, for the benefit of his political party.
He was charged with committing the offence at the Prime Minister’s Office at Bangunan Perdana Putra, at the Federal Government Administration Centre in Putrajaya, between March 1, 2020, and August 20, 2021.
The Bersatu president and Perikatan Nasional chairman also faces two charges of allegedly receiving money from illegal activities, amounting to RM195 million from Bukhary Equity, which was deposited into Bersatu’s CIMB Bank account.
The offence was allegedly committed at the CIMB Bank Menara KL branch at Jalan Stesen Sentral, 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, 2023, with allegedly receiving money from illegal activities amounting to RM5 million. Following a combination of the charges, the case was transferred to the Sessions Court in Kuala Lumpur to be tried together.
Azura also on Wednesday allowed a return of Muhyiddin's passport beginning Tuesday for him to attend a conference in Belgium.
The court ordered that the passport be released from Wednesday until March 3.
Also appearing for the prosecution were DPPs Mahadi Jumaat and Zander Lim Wai Kong.