PETALING JAYA: The Attorney General's Chambers (AGC) have filed an appeal against Tan Sri Muhyiddin Yassin's discharge on four power abuse charges by the High Court in August.
In its petition filed on Tuesday (Sept 26), the AGC presented 13 reasons why the High Court should not have discharged the former prime minister.
Among the reasons were that the judge had erred in law in making his decision and had prematurely dropped the charges against Muhyiddin without allowing the prosecution to bring forth witnesses and documents to prove its case.
"Not only that, the respondent's application was an abuse of the court process because it was premature and the trial had yet to start," the prosecution said in its filing.
"The judge erred when he arbitrarily exercised his inherent powers to dismiss the charges against the respondent, as the respondent’s application constitutes an abuse of the court process since it is premature and the trial has not yet commenced,” said the prosecution.
It alleged that the judge erred when the prosecution failed to state how Muhyiddin used his position resulting in the charges faced by the respondent being flawed.
"Furthermore, what was not stated by the prosecution is not an irreparable matter at this proceeding stage, as the prosecution can still present evidence to identify the violations and amend the charges at any trial stage with the court’s permission,” it said.
In addition, the prosecution said the judge was also wrong when he stated failure by the prosecution to provide details of the charges had confused the respondent.
"Whether what was not stated (in the charges) leads to an injustice can only be determined at the end of the trial, taking into account all the evidence presented before the presiding judge,” it added.
According to the prosecution, the judge erred when exercising inherent powers to dismiss the charges against the respondent, especially when the respondent failed to prove the charges against him amounted to an abuse of the court process.
Meanwhile, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin when contacted by reporters confirmed the appeal petition.
On Aug 15, the High Court acquitted and discharged the Pagoh MP.The prosecution filed a notice of appeal at the Court of Appeal on the same day.
On Sept 27, the Court of Appeal fixed Feb 28 and 29, 2024 to hear the prosecution’s appeal.
Muhyiddin is still facing three more charges of money laundering amounting to RM200 million related to the Jana Wibawa project.- Bernama