PUTRAJAYA: The Court of Appeal has fixed Aug 20 for a decision in Tan Sri Muhyiddin Yassin's appeal to restore his discharge and acquittal (DNA) on four criminal charges relating to the Jana Wibawa project.
A five-judge panel of the appellate court set the date after hearing submissions from both parties here on Tuesday (July 9).
Justice Azizah Nawawi, who chaired the panel, said that the court needed more time to deliberate.
"We need more time as the case involves serious issues. Therefore, we defer the decision on Aug 20," Justice Azizah said.
Other judges on the panel were Justices Che Mohd Ruzima Ghazali, Ahmad Zaidi Ibrahim, Azman Abdullah and Azhahari Kamal Ramli.
The panel had earlier heard submissions from Muhyiddin's lead counsel Datuk Hisyam Teh Poh Teik and Deputy Public Prosecutors Datuk Wan Shaharuddin Wan Ladin and Datuk Mohd Dusuki Mokhtar, who acted for the prosecution, who is the respondent in the appeal.
Hisyam said the appeal was a fit and proper case for review as there were no other legal avenues or recourse available to the applicant (Muhyiddin).
(Muhyiddin’s case originated from the Sessions Court and therefore its final legal avenue would be the Court of Appeal.)
Hisyam said the appellant sought the aid of the appellate court to rectify the injustice that arose from the impugned decision.
"In a nutshell, the failure of justice resulting from the impugned decision is so grave and apparent on the face of the records that it warrants the review intervention of this court," he said.
The lawyer also said that the Court of Appeal had jurisdiction to reopen an appeal which had been determined in order to avoid real injustice in exceptional circumstances.
"The Appeals Court had powers to correct wrong decisions to ensure justice between the litigants involved and to ensure public confidence in the administration of justice," he added.
Meanwhile, Wan Shaharuddin submitted that Muhyiddin’s application was an abuse of court procees.
“I ask the court to dismiss this review application and reinstate the case to the Sessions Court for trial,” he said.
Muhyiddin is seeking leave to review the decision of a previous Court of Appeal panel to reinstate the four power abuse charges.
He is appealing the entirety of the decision by Justices Hadhariah Syed Ismail, Azmi Ariffin and SM Komathy Suppiah.
On Feb 28, the panel allowed the prosecution to reinstate four power abuse charges and ordered the case to be remitted to the Kuala Lumpur Sessions Court.
Muhyiddin was discharged and acquitted (DNA) by High Court judge Justice Muhammad Jamil Hussin who found that the four charges against the Pagoh MP were defective, unsubstantiated, and vague.
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 - 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.
