PETALING JAYA: The High Court’s decision to free Tan Sri Muhyiddin Yassin of four abuse of power charges is proof that the former prime minister’s prosecution was a form of political predation, claims Perikatan Nasional.
Bersatu, which has called for the Perikatan chairman’s three remaining money laundering charges to be dropped as well, has also initiated legal action to sue the government and the Malaysian Anti-Corruption Commission (MACC), whom the Opposition says have levelled politically motivated charges against Muhyiddin.
This is happening against the backdrop of the Bersatu Youth wing calling for MACC chief commissioner Tan Sri Azam Baki and Attorney-General Tan Sri Idrus Harun to step down following the court’s decision.
Perikatan communications chief Datuk Seri Azmin Ali said that since the primary offence or predicate has been annulled, the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) charges cannot stand independently.
“The Kuala Lumpur High Court judge ruled that the four charges of abuse of power under Section 23 of the MACC Act are flawed, do not reveal any wrongdoing, and are an abuse of the court process.
“Since the main or predicate offence has been quashed, the three AMLA charges also cannot stand on their own and should also be quashed,” he said in a statement yesterday.
Azmin added that the charges are the result of malicious “hands” attempting to tarnish the image and credibility of Bersatu, especially that of its president Muhyiddin, so that the people would reject Perikatan.
He added that the party had insisted from the beginning that if the government had adhered to the rule of law principle, Muhyiddin would not have been accused in court.
Opposition Leader and Bersatu secretary-general Datuk Seri Hamzah Zainudin said legal action to sue the government and the MACC has been initiated.
Based on the decision of the High Court to free Muhyiddin of graft charges, Hamzah also urged the Attorney General to review all “selected prosecutions” against Bersatu and Perikatan leaders for the purpose of withdrawing them.
“The tyranny and political revenge of the Pakatan Harapan-Barisan Nasional government, which deliberately created slander, made up charges, and abused power to prosecute Perikatan leaders, was proven in court.
“This tyranny needs to stop, and I have also started legal action to sue the Malaysian government and the MACC,” he said in a statement yesterday.
PAS secretary-general Datuk Seri Takiyuddin Hassan said the party strongly opposed the abuse of enforcement agencies as a tool to achieve political goals and that Muhyiddin’s charges were clearly a form of organised political predation.
“PAS is also confident that the action against Muhyiddin is also to cover up the shame and divert the people’s attention from the issues happening in Umno, which is part of the Pakatan and Barisan government under Prime Minister Datuk Seri Anwar Ibrahim,” he said in a statement yesterday.
Takiyuddin also said that the High Court’s decision had been expected by PAS as the party was convinced that the charges against Muhyiddin were selective and politically motivated.
Earlier yesterday, the High Court in Kuala Lumpur discharged and acquitted Muhyiddin of four charges involving abuse of power to obtain a RM232.5mil gratification for Bersatu.
Justice Muhammad Jamil Hussin made the order to discharge and acquit the Bersatu president after the court was satisfied that all four charges were defective, baseless and vague.
Justice Muhammad Jamil said the charges did not show any details on the offence, causing the accused to be unable to give proper instructions to his team of lawyers.
Meanwhile, the Attorney General’s Chambers (AGC) has filed an appeal against the High Court’s decision that acquitted Muhyiddin of four abuse of power charges.
In a statement, Attorney General Tan Sri Idrus Harun said the prosecution filed a notice of appeal against the entirety of the decision yesterday afternoon.
“The prosecution would also like to clarify that the application that was decided by the judge only involved four charges under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act.
“The three charges under Section 4(1) of AMLA are still maintained, and the mention date at the Sessions Court is on Sept 19,” he said.
When asked to comment on the court’s decision, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said: “We accept the court’s decision for now”.
DPP Wan Shaharuddin also said the prosecution would file for a stay of proceedings in Muhyiddin’s money laundering case at the Sessions Court pending the appeal of the High Court’s decision.
