KUALA LUMPUR: An application to strike out three remaining charges linked to the Jana Wibawa scandal against former prime minister Tan Sri Muhyiddin Yassin will be filed, the Sessions Court was told.
Lead defence counsel Datuk Hisyam Teh Poh Teik said the application for the charges under section 4(1) of the Anti-Money Laundering, Anti-Terrorist Financing and Proceeds of Illegal Activities Act 2001 (AMLATFPUAA) is in accordance with the Criminal Procedure Code (CPC).
“In regards to the main trial of the three charges, we will file an application to set aside the cases under Section 173(g) of the CPC.
“We’ll also write to the prosecution for an agreement for the variation of bail, and request for the (Muhyiddin’s) passport,” he said before Sessions Court judge Azura Alwi yesterday.
According to the provision, a court can discharge an accused if it considers the charges brought to be groundless.
Muhyiddin, 76, was not in court yesterday.
He was reportedly granted an exemption from the court.
Judge Azura set the mention of the case on Nov 29.
On March 10, Muhyiddin was charged with abuse of power and violation under Section 4(1) AMLATFPUAA here and in Shah Alam.
He was charged with two charges for allegedly receiving proceeds of RM195mil from Bukhary Equity which was transferred to Bersatu’s bank account, between Feb 25, 2021 and July 8, 2022.
Later on March 13, the Bersatu president was once again charged in the Shah Alam Sessions Court with one count of receiving RM5mil from an illegal activity.
The decision on the joint trial application for the remaining three charges had been postponed as requested by the prosecution yesterday following the High Court’s decision in August to acquit Muhyiddin of four charges involving abuse of power to obtain a RM232.5mil gratification for his party, Bersatu.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said in court yesterday that a notice of appeal was filed on Aug 15 to overturn the acquittal decision.
The case management was set for Sept 27.
DPP Wan Shaharuddin added that a petition was also filed yesterday to the Court of Appeal.
Counsel Hisyam Teh requested that Muhyiddin be exempted from attending the Nov 29 case mention.
Judge Azura said both parties need to inform the court about the development of the case management at the Court of Appeal on Sept 27, before it could decide on the exclusion of Muhyiddin’s presence on Nov 29.