PUTRAJAYA: The Court of Appeal has dismissed former prime minister Tan Sri Muhyiddin Yassin’s application to review the decision of its previous panel that reinstated the four power abuse charges involving RM232.5 million against him.
A five-member panel led by Judge Datuk Azizah Nawawi in unanimous decision held that the earlier panel had a requisite jurisdiction to hear and adjudicate the prosecution’s appeal.
“Therefore, the application for review is dismissed,“ Justice Azizah said.
The other judges in the panel are Datuk Che Mohd Ruzima Ghazali, Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah and Datuk Azhahari Kamal Ramli.
This means Muhyiddin will have to face trial over four power abuse charges at the Kuala Lumpur Sessions Court.
Justice Azizah said the applicant (Muhyiddin) argued that the respondent’s appeal (prosecution) to the Court of Appeal was incompetent as it did not meet the statutory requirements of Subsection 50(1) of the Courts of Judicature Act (CJA) 1964 and this court exceeded its jurisdiction when it heard and granted the appeal on Feb 28.
“The applicant submits that the decision of the High Court judge in invoking the inherent jurisdiction to strike out the charges against him does not fall within paragraph 50(1)(b) of the CJA 1964 as the learned judge was not exercising its revisionary jurisdiction regarding any criminal matter decided by the Session Court,“ she said.
However, Justice Azizah said the court is of the considered opinion that such an interpretation will lead to an absurdity that was not intended by Parliament.
“If the applicant is correct that there can be no appeal against the decision of the High Court judge is dismissing the charges and acquitted the applicant, it would simply mean that the High Court has an unlimited jurisdiction to quash a criminal charge and acquit an accused person without trial.
“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,“ she added.
Justice Azizah further said Subsection 50(1) could not be read in isolation and that all the relevant provisions on revisionary powers of the High Court must be read together as a whole and construed harmoniously with one another to avoid ambiguity or absurdity in the application of law.
“For the aforesaid reasons, we are of the considered opinion that the respondent’s appeal (the prosecution) against the decision of the learned High Court judge falls within the ambit of Subsection 50(1) of the CJA,“ Justice Azizah said.
Muhyiddin, 77, filed the application on March 27, seeking the court to set aside the Court of Appeal’s previous decision in reinstating the four charges against him that had been struck out by the High Court.
On Feb 28, this year, the Court of Appeal panel of Justices Datuk Hadhariah Syed Ismail, Datuk Azmi Ariffin, and Datuk S.M Komathy Suppiah, allowed the prosecution’s appeal to reinstate the four abuse of power charges and ordered the case remitted to the Kuala Lumpur Sessions Court.
Muhyiddin had been discharged and acquitted by High Court judge Datuk Muhammad Jamil Hussin on Aug 15, last year, after finding that the four charges against the Pagoh member of parliament were defective, unsubstantiated, and vague.
Muhyiddin, as prime minister and president of Bersatu at the time, was charged with using his position to obtain RM232.5 million in bribes from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd and Datuk Azman Yusoff for his political party.
He is accused of committing the act at the Prime Minister’s Office, Bangunan Perdana Putra, Federal Government Administration Centre in Putrajaya between March 1, 2020 and Aug 20, 2021.
The Bersatu president also faces two charges of receiving money from illegal activities amounting to RM195 million from Bukhary Equity Sdn Bhd which was deposited into Bersatu’s CIMB Bank account.
He was charged with committing the offence at CIMB Bank Menara KL Branch, Jalan Stesen Sentral between Feb 25 and July 16, 2021 and between Feb 8 and July 8, 2022.
When met by reporters after proceedings, Muhyiddin’s defence lawyer Datuk Hisyam Teh Poh Teik said they need time to study the judgment before take the next action.
Prosecution led by Deputy Public Prosecutor Datuk Mohd Dusuki Mokhtar.
