Muhyiddin’s stay applications merely to stall trial, says prosecution
Published on: Friday, May 24, 2024
By:
FMT, V Anbalagan
Muhyiddin Yassin is charged with abuse of power and money-laundering, but wants the sessions court to stay the proceedings pending the outcome of his review application in the Court of Appeal. (Bernama pic)
PETALING JAYA: The prosecution has accused former prime minister Muhyiddin Yassin of attempting to delay the trial of his four abuse of power charges in the sessions court.
Muhyiddin is seeking a stay of the trial pending the outcome of a review application filed in the Court of Appeal.
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He wants the appeals court to set aside its own decision to reinstate the four charges previously struck down by the High Court.
However, the prosecution said the reasons put forward by the Bersatu president did not constitute “exceptional or unusual circumstances”.
In an affidavit filed in court yesterday, deputy public prosecutor Zander Lim also said the reasons given were not compelling and did not show that suspending the trial would be in the public interest.
“This application is seen as a move or attempt to delay the case from being decided even though the Court of Appeal has allowed the prosecution’s appeal (to restore the charges),” he said.
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Lim said the review application was “frivolous” and “an abuse of the court process”, as the grounds put forward to justify it were baseless.
A five-member Court of Appeal bench will hear the review on July 9.
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In his application, filed on May 7, Muhyiddin, 77, also wants to stay the prosecution’s application for a joint trial of the abuse of power charges with three other money laundering charges he is facing pending the review application.
He said the money laundering charges would also fall should the Court of Appeal decide the review application in his favour.
Muhyiddin was charged in March last year with abusing his power as the prime minister between Feb 8 and Aug 20, 2021 by seeking to obtain RM232.5 million for his party.
He is also facing three money laundering charges involving RM200 million.
He pleaded not guilty to all the charges.
On Aug 15 last year, Justice Jamil Hussin struck out the four abuse of power charges and used his inherent powers to acquit the former prime minister.
However, on Feb 28, a three-member Court of Appeal bench chaired by Justice Hadhariah Syed Ismail allowed the prosecution’s appeal and restored the four abuse of power charges. The appeals court ruled that the High Court had erred in law when holding that the charges were defective.
“The charges were unambiguous. There is no necessity for the prosecution to give further particulars as to how the offence was committed,” Hadhariah said.
Judge Azura Alwi has fixed June 13 to hear Muhyiddin’s stay applications.
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