KUALA LUMPUR: The Attorney General’s Chambers (AGC) has stressed that the decision not to proceed with the four charges against Tan Sri Muhyiddin Yassin in relation to Bukhary Equity Sdn Bhd was made based on a professional assessment of the evidence, the evidential viability of the case and the overall interests of the prosecution.
The AGC said the decision did not mean that the charges had been brought without basis and should not be interpreted as a finding that the transactions which were the subject of the investigation did not take place.
It added that prosecutorial decisions can and should be reviewed when the entirety of the evidence, its admissibility, the credibility of witnesses and the implications for other proceedings were assessed comprehensively, and that such decisions must be made based on the law, evidence and the interests of the administration of justice.
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"The assessment showed that proceeding with the charges posed a real risk of litigation, including the risk of undermining the strategy and evidential basis of other charges still faced by the accused.
"In such circumstances, the prosecution must consider the overall interests of the case rather than defend one charge in isolation,” it said in a statement.
The AGC also stressed that the duty of the prosecution was not to defend a particular charge at all costs, but to ensure that only charges supported by sufficient evidence and capable of being defended in court were pursued.
"After taking into account all these factors, AGC is of the view that proceeding with the charges is no longer an appropriate and prudent prosecutorial step.
"However, the prosecution involving three other predicate charges under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009 (Act 694) against the accused will continue,” it said.
On Tuesday (Sept 15), High Court Judge Noor Ruwena Md Nurdin discharged and acquitted Muhyiddin of one charge of using his position to obtain RM200mil in bribes and three money laundering charges involving the same amount after the prosecution informed the court that it would not proceed with the case against the former Prime Minister in relation to Bukhary Equity Sdn Bhd.
Muhyiddin, 79, is now being tried on three charges of using his position to obtain RM25.3mil in bribes for Bersatu from three companies, namely Nepturis Sdn Bhd, Mamfor Sdn Bhd and KCJ Engineering Sdn Bhd, as well as Datuk Seri Azman Yusoff, in connection with the Jana Wibawa project.
The prosecution in Muhyiddin’s trial closed its case on Tuesday after calling 29 prosecution witnesses. – Bernama
