KUALA LUMPUR: Tan Sri Muhyiddin Yassin cannot appeal to the Federal Court against the decision by the Court of Appeal that overturned his acquittal in his RM232.5mil graft case, says a prosecutor.
This is because the former prime minister's case began at the lower court level, so the highest appeal avenue would be the Court of Appeal as per Section 87 of the Courts of Judicature Act 1964, DPP Wan Shaharuddin Wan Ladin told the Sessions Court here.
“Under Section 87, since the case is in the Sessions Court, the matter should end at the Court of Appeal.
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"Hence, the prosecution is objecting to the stay application before this court for the Federal Court to determine (the) appeal,” he said during case mention on Monday (March 4).
The DPP was responding to a stay application by Muhyiddin's defence team.
Muhyiddin's lawyer Datuk Hisyam Teh Poh Teik had informed Sessions Court judge Azura Alwi that they had filed a notice of appeal at the Federal Court following the decision by the Court of Appeal that reinstated Muhyiddin power abuse charges on Wednesday (Feb 28).
“The application before the Federal Court will be a review of the appellate court's decision or other mode of appeal over Wednesday’s decision. Hence, the defence would like a stay of proceedings pending the Federal Court matter,” Hisyam said.
Azura then fixed April 3 for mention for parties to update the court on the appeal.
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DPP Wan Shaharuddin appeared with DPPs Ahmad Akram Gharib and Poh Yih Tinn while Hisyam was with Datuk K. Kumaraendran and Chethan Jethwani in the proceedings.
On Feb 28, a three-member panel at the Court of Appeal reinstated the criminal case against Muhyiddin after his four charges of power abuse involving RM232.5mil were previously struck down by the High Court.
In allowing the prosecution's appeal, Justice Hadhariah Syed Ismail, who chaired the panel, said in its unanimous decision that the High Court had erred in law when it ruled the charges were defective.
On Feb 15 last year, Azura had granted the prosecution's application for a stay of proceedings of the money laundering case pending its appeal over the striking out of the abuse of power charges against the Bersatu president.
Muhyiddin, 76, was charged with using his position as the then prime minister and Bersatu president to obtain bribes amounting to RM232.5mil 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.
