15-8-2023 (KUALA LUMPUR) Former Prime Minister Tan Sri Muhyiddin Yassin has been acquitted and discharged of four charges related to the abuse of power in obtaining RM232.5 million in gratification for Parti Pribumi Bersatu Malaysia (Bersatu). The High Court in Kuala Lumpur made the decision on Tuesday (Aug 15), stating that all four charges were defective, baseless, and vague.
Justice Muhammad Jamil Hussin ruled in favor of Muhyiddin, stating that the charges lacked crucial details and prevented the accused from providing proper instructions to his legal team. While the charges included information such as the time, place, and the person who provided the gratification, they failed to specify how the offense was committed, as required by Section 154 of the Criminal Procedure Code (CPC).
“The charges did not adequately inform the applicant about the offenses he was accused of. This lack of information has prejudiced him, as he was unable to prepare a defense before the start of the trial,” stated Justice Muhammad Jamil. He cited the audit tampering case involving former Prime Minister Datuk Seri Najib Razak and former CEO of 1Malaysia Development Bhd (1MDB) Arul Kanda Kandasamy, where the charges included details of how the offenses were committed.
Both Najib and Arul Kanda were acquitted and discharged by the High Court at the end of the prosecution’s case on March 3.
The judge questioned why Muhyiddin’s charges, under the same section of the Malaysian Anti-Corruption Commission (MACC) Act as Najib and Arul Kanda’s case, lacked crucial details, such as specific actions or decisions related to the offense. “I disagree with the Deputy Public Prosecutor’s argument that the manner in which the applicant allegedly abused his position need not be stated in the charge sheets but could be proven through testimonies during the trial. The prosecution failed to provide any legal authorities to support this argument,” Justice Muhammad Jamil said.
Justice Muhammad Jamil emphasized that Muhyiddin should not be subjected to criminal proceedings that disregarded the legal requirements set by Section 154 of the CPC. Allowing the trial to continue with charges that violated the law would be an abuse of the court process.
Consequently, Muhyiddin’s application to strike out the charges was granted by the court. The public gallery erupted in cheers and chants of “Allahuakbar” (Allah is great) following the court’s decision.
On April 18, Muhyiddin, 76, filed a motion requesting acquittal and discharge from all four charges brought against him on March 10. He argued that the charges were flawed and did not adhere to the law. The charges alleged that Muhyiddin, as a public servant and the Prime Minister at the time, abused his position to obtain gratification from three entities and an individual for the benefit of Bersatu. The gratification amounts were RM200 million from Bukhary Equity Sdn Bhd, RM1 million from Nepturis Sdn Bhd, RM19.5 million from Mamfor Sdn Bhd, and RM12 million from Azman Yusoff.
All offenses were allegedly committed at the Prime Minister’s Office in Putrajaya between March 1, 2020, and August 20, 2021. The charges were framed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries a maximum prison sentence of 20 years and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher, upon conviction.
