KUALA LUMPUR (Sept 16): The Attorney General’s Chambers (AGC) said it decided not to proceed with four charges against former prime minister Tan Sri Muhyiddin Yassin after concluding that continuing the prosecution posed litigation risks that could compromise the remaining charges against him.
The four dropped charges — one for abuse of power and three for money laundering — involved RM200 million linked to Bukhary Equity Sdn Bhd. Muhyiddin continues to face three charges of abusing his position as PM to obtain gratification.
In a statement late Tuesday, the AGC said its decision followed a professional assessment of the evidence, the provability of the case and the overall interests of the prosecution.
"The assessment showed that continuing with the charges posed real litigation risks, including the risk of undermining [the prosecution’s] strategy and [its] ability to prove the other charges still faced by the accused," the AGC said.
“In those circumstances, the prosecution must consider the interests of the case as a whole and not defend one charge in isolation,” it added.
The statement was issued after DAP national chairman and Digital Minister Gobind Singh Deo called on the attorney general (AG) to explain why prosecutors had sought a discharge not amounting to an acquittal (DNAA) for the four charges midway through trial.
Gobind said the public was entitled to know what “specific material factors or legal considerations changed” prompted the withdrawal, warning that halting high-profile cases without clear justification could erode public confidence in the AG and the criminal justice system.
In its statement, the AGC stressed that the decision did not mean the four charges had been brought without basis, nor should it be interpreted as a finding that the transactions under investigation never occurred.
It said prosecurial decisions could and should be reassessed when the entirety and admissibility of evidence, credibility of witnesses and implications for other proceedings are considered holistically.
“Such decisions must be made based on the law, evidence and the interests of the administration of justice,” the AGC said. “After taking into account all these factors, the department is of the view that continuing with the charges is no longer a fair and prudent prosecutorial step.”
On Tuesday, the Kuala Lumpur High Court acquitted and discharged Muhyiddin of the four Bukhary Equity-related charges after prosecution applied for a DNAA.
High Court judge Noor Ruwena Md Nurdin instead granted Muhyiddin a full acquittal, noting that prosecutors had not provided a reason for withdrawing the charges, and that no witnesses or evidence backing those charges had been presented to the court.
Muhyiddin, 79, originally faced seven charges in his ongoing graft trial, comprising four counts of abuse of power involving RM225.3 million in alleged gratification and three counts of money laundering involving RM200 million.
All four abuse-of-power charges had previously been struck out by the High Court in August 2023 before being reinstated by the Court of Appeal in February 2024.
The Bukhary Equity-related charges comprised one count of allegedly abusing his position as then prime minister and Bersatu president to solicit RM200 million for the political party, as well as three money-laundering charges involving the same funds allegedly deposited into Bersatu’s accounts.
His trial will continue on the remaining three abuse-of-power charges involving RM25.3 million in alleged gratification linked to the Jana Wibawa programme.