THE Court of Appeal has fixed two days beginning February 28 next year to hear the prosecution’s appeal against the High Court decision to acquit and discharge 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 February 28 and 29 for hearing of the appeal.

This was confirmed by deputy public prosecutor Wan Shaharuddin Wan Ladin and Muhyiddin’s lawyer, Chetan Jethwani, when contacted by Bernama.

Wan Shaharuddin said the Sessions Court has fixed November 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 August 15, High Court judge 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 – Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd – and one 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 August 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 were deposited into Bersatu’s CIMB Bank account.

The offences were allegedly committed at CIMB Bank Menara KL branch, Jalan Stesen Sentral, Kuala Lumpur between February 25 and July 16, 2021 and between February 8 and July 8 last year.

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 January 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.

It said if the proceedings in the Sessions Court were allowed to proceed, its (the prosecution’s) appeal would become nugatory and could not 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. – Bernama, September 27, 2023.