PUTRAJAYA, Sept 27 — The Court of Appeal has fixed two days beginning Feb 28 next year to hear the prosecution’s appeal against the High Court decision to acquit and discharge Tan Sri Muhyiddin Yassin of four counts of abuse of power involving RM232.5 million in connection with the Jana Wibawa project.
A case management was held before Court of Appeal deputy registrar Mohd Khairi Haron today who fixed Feb 28 and 29 for hearing of the prosecution’s appeal.
This was confirmed by deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin and Muhyiddin’s lawyer Chetan Jethwani, when contacted by Bernama.
Meanwhile, Wan Shaharuddin said the Sessions Court has fixed Nov 29 to hear the prosecution’s appeal to get an order to temporarily stay the proceedings of the other three charges of receiving proceeds from unlawful activities preferred against Muhyiddin pending disposal of its appeal at the Court of Appeal.
On Aug 15 this year, High Court judge Datuk Muhammad Jamil Hussin allowed Muhyiddin’s application to strike out the four charges after he ruled that the charges were vague, flawed and unfounded. He subsequently acquitted and discharged the former Prime Minister. The prosecution then filed its notice of appeal on the same day.
Muhyiddin, 76, was charged with using his position as the then Prime Minister and Bersatu president to obtain bribes from three companies, namely Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd, and also from one Datuk Azman Yusoff, for the party.
He was charged with committing the offences at the Prime Minister’s Office, Bangunan Perdana Putra, Federal Government Administration Centre in Putrajaya between March 1, 2020, and Aug 20, 2021.
In addition to the four charges, Muhyiddin also faces two charges of receiving proceeds from unlawful activities amounting to RM195 million from Bukhary Equity which was deposited into Bersatu’s CIMB Bank account.
The offences were allegedly committed at CIMB Bank Menara KL Branch, Jalan Stesen Sentral, here, between Feb 25 and July 16, 2021, and between Feb 8 and July 8, 2022.
He was also charged with one count of receiving RM5 million funds, from Bukhary Equity Sdn Bhd that were proceeds from unlawful activities at the Ambank Amcorp Mall branch in Jalan Persiaran Barat, Petaling Jaya, Selangor on Jan 7, last year. The funds were allegedly credited into the party’s Ambank account.
In its application for a stay order, the prosecution said there is a strong public interest and compelling reasons to justify for the proceedings in the Sessions Court to be stayed.
The prosecution said if the proceedings in the Sessions Court are allowed to proceed, its (the prosecution’s) appeal would become nugatory and cannot be reversed if there were any interlocutory applications filed to set aside the other three charges which were related to the four charges.
The prosecution also contended that Muhyiddin would not be prejudiced if the Sessions Court maintained the status quo until the prosecution’s appeal is decided by the Court of Appeal.
