PUTRAJAYA, Feb 28 — The prosecution has succeeded in its appeal over the discharge by the High Court of former prime minister Tan Sri Muhyiddin Yassin in relation to four charges of abuse of power.
A three-member Court of Appeal (CoA) panel led by Judge Datuk Hadhariah Syed Ismail said the decision was unanimous. She was joined by Judge Datuk Azmi Ariffin and Datuk SM Komathy Suppiah.
They ordered for the reinstatement of the four charges and set March 4 for case mention at the Sessions Court.
In delivering their decision, they said the High Court judge had erred in striking out the charges.
“The appellant has contended that a political society comes within the definition of an associate under Section 3 of the MACC Act. It is further argued by the appellant that a society falls within the definition of an organisation under Section 3(c) of the same Act. We agree with this submission. We find that there is no merit in the respondent’s submission that because the word ‘society’ is not mentioned in Section 3, therefore society cannot come within the definition of an associate.
“In our view, the ordinary meaning of ‘organisation’ is a group formed for a particular purpose. As a society is also a group formed for a particular purpose, it will fall within the definition of an organisation. It follows that Bersatu as a political society comes within the definition of associate as we find under Section 3 of the MACC Act.
“Hence, we are of the view that the learned High Court judge had erred in law when he ruled the four charges did not disclose any offence known to law. On the second issue raised by the appellant that the charges are not effective, we accept this submission.
“In our view, the four charges are clear and unambiguous. As such, there is no necessity on 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,” Judge Hadhariah said.
Muhyiddin’s defence, led by Datuk Hisyam Teh Poh Teik, had argued that the word “society” from “political society” is not mentioned in Section 3 of the MACC Act and as such it could not come under the definition of an “associate”.
They said that Bersatu is a political society which comes within the definition of “associate” under Section 3 of the MACC Act.
Hisyam when met by reporters said his team were considering appealing the decision.
“We are seriously considering appealing, but we will wait until March 4 for the case mention,” said Hisyam.
