PUTRAJAYA, Sept 11 — Former prime minister Tan Sri Muhyiddin Yassin will still have to face trial over four power abuse charges involving RM232.5 million bribes, as the Court of Appeal today dismissed his bid to review its earlier decision to send his case back to trial.
The Court of Appeal’s decision today was on Muhyiddin’s application to review a separate Court of Appeal panel’s February 28 decision to set aside the High Court’s acquittal of him over the four charges.
Muhyiddin had wanted to restore the High Court’s acquittal of him, by arguing the Court of Appeal had no jurisdiction to hear the prosecution’s appeal against his acquittal and to set aside the acquittal.
Judge Datuk Azizah Nawawi, who chaired the Court of Appeal’s five-judge panel, today read out the panel’s unanimous decision here in a packed courtroom.
Muhyiddin’s lawyers had in this case argued that the Court of Appeal has no power to hear an appeal on the High Court’s acquittal, due to the High Court’s acquittal not being a decision by the High Court on a criminal matter that had been decided by the Sessions Court. Muhyiddin was relying on Section 50(1)(b) of the Courts of Judicature Act (CJA) 1964.
But the Court of Appeal disagreed with Muhyiddin’s argument, saying that his argument would mean that the High Court “has an unlimited jurisdiction to quash a criminal charge and acquit an accused person without trial” and is an absurd situation that Parliament had not intended in making the CJA.
“Further, it would lead to an absurd situation where the prosecution is left without any remedy as the propriety and correctness of the said decision of the High Court judge can never be challenged,” Azizah said regarding what Muhyiddin’s argument would lead to.
Ultimately, judge Azizah said the High Court does have revisionary jurisdiction or powers to decide on any criminal matter ---- not just on criminal matters that the Sessions Court had decided.
She said the Court of Appeal also has the powers to hear appeals from any High Court decision on any criminal matter, including the High Court’s decision to acquit Muhyiddin.
The Court of Appeal today concluded that the prosecution’s appeal against the High Court’s acquittal of Muhyiddin falls within Section 50(1)(b), also concluding that the Court of Appeal does have the power to decide on the prosecution’s appeal against his acquittal.
“Consequently, we find that the earlier panel had the requisite jurisdiction to hear and adjudicate the respondent’s appeal. Therefore the application for a review is dismissed,” Azizah said, referring to the prosecution as the respondent.
The effect of the Court of Appeal’s decision today is that the earlier Court of Appeal decision to reverse Muhyiddin’s acquittal still remains valid.
The other judges on the panel are Datuk Che Mohd Ruzima Ghazali, Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah, and Datuk Azhahari Kamal Ramli.
Speaking to reporters here after the Court of Appeal’s decision today, Muhyiddin’s defence lawyer Datuk Hisyam Teh Poh Teik said the defence team shares Muhyiddin’s sentiment of being disappointed by the decision.
But Hisyam also said they respect the Court of Appeal’s decision today, saying: “We need time to study the judgment concerned as to the next step to be taken by the defence team acting for Tan Sri.”
Asked what options that Muhyiddin now has, Hisyam said: “The defence team will study further on this point, we will study the judgment carefully as to whether what are the legal avenues available.”
On March 10, 2023, Muhyiddin was charged in the Sessions Court with four abuse of power charges under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009.
The four charges alleged that Muhyiddin used his position as Malaysia’s then prime minister and as Parti Pribumi Bersatu Malaysia president to obtain bribes totalling RM232.5 million from three companies and one individual (Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd and Azman Yusoff) for his “associate”, namely his party Bersatu.
Muhyiddin was alleged to have committed these offences during the March 2020 to August 2021 period.
The High Court in August 2023 struck out the four charges and acquitted Muhyiddin.
But the Court of Appeal on February 28 decided to send Muhyiddin’s case back to the Sessions Court for trial.
On February 29, Muhyiddin filed an appeal at the Federal Court against the Court of Appeal’s restoration of the four charges against him. But he had on March 29 withdrawn that appeal as his view was that he could not pursue the case at the Federal Court since it started at the Sessions Court.
Following the Court of Appeal’s decision today, Muhyiddin’s four power abuse charges are now awaiting trial at the Sessions Court in Kuala Lumpur. The Sessions Court has scheduled mention of the case on September 27.
Muhyiddin is also facing three money-laundering charges in the Sessions Court in Kuala Lumpur.
Under those three charges, Muhyiddin was alleged to have received illegal proceeds amounting to RM120 million and RM75 million that were deposited into Bersatu’s CIMB account during the February 2021 and July 2022 period, and was also alleged of receiving RM5 million in illegal proceeds that were deposited into Bersatu’s AmBank account.
