Prosecution lists 13 reasons why Muhyiddin shouldn't be discharged and acquitted
Media reported yesterday the prosecution has listed 13 reasons why a High Court judge was wrong to acquit and discharge former prime minister Muhyiddin Yassin of four counts of abuse of power relating to his administration’s Jana Wibawa programme.
In its petition of appeal, according to the news portal FMT, the prosecution said Justice Jamil Hussin erred in law and facts for arbitrarily using his inherent powers as the charges had been framed in accordance with the law.
It said the judge was also wrong to use his powers to prematurely revoke the charges given that the prosecution had yet to produce evidence by calling witnesses and tendering documents.
Video produced by FMT dated September 29, 2023.
“The use by the judge of his inherent powers to strike down the charges is an abuse of process since the trial has yet to start,” it said in a filing registered with the Court of Appeal sighted by the news portal. The filing was made 10 days ago.
The prosecution said the judge was wrong to order that Muhyiddin, who is also the Bersatu president, be acquitted without considering the evidence it intended to submit during trial.
It said the judge also did not give the prosecution the opportunity to amend the charges if it failed to state clearly how Muhyiddin used his position as prime minister to commit the offences.
“This could be cured in the course of the prosecution’s case by amending the charges with the permission of the court,” it said.
Further, it said, Jamil was also wrong to state that the prosecution’s failure to provide details of the charges had confused Muhyiddin since that was a matter to be determined at the end of the trial after evaluating all evidence.
The prosecution also said the judge was wrong to hold that Bersatu is not an organisation within the meaning of the term “associate” in section 3 of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
It said that although the party is registered under the Societies Act 1966, it did not change its characteristics as a registered body and an association so as to come within the definition of the term.
It said the offence of abuse of power includes helping one’s self, relative or associate.
The filing further said the judge failed to appreciate that the MACC Act and subsequent amendments were passed in order to fight corruption against individuals, groups, business entities and organisations.
The Court of Appeal has fixed February 28 and 29 next year, to hear the challenge.
Muhyiddin, who is also the Perikatan Nasional chairman, was accused of abusing his powers to obtain RM232.5 million for Bersatu between February 8 and August 20, 2021.
On August 15, Jamil held that the charges were defective and dismissed the case.
The appearance and act on the above video are for illustration purpose only.
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