KUALA LUMPUR: Former Prime Minister Tan Sri Muhyiddin Yassin has filed an application for the Sessions Court here to give him a discharge not amounting to acquittal (DNAA) of the three charges of money laundering, amounting to RM200 million relating to the Jana Wibawa project, facing him.
Muhyiddin, 76, filed the application two days ago (Oct 2).
The Pagoh Member of Parliament stated several grounds for the application, including his acquittal and discharge on four counts of abuse of power involving RM232.5 million in connection with the Jana Wibawa project by the High Court here last Aug 15.
He said the High Court had acquitted and discharged him of the predicate offence under Section 23(1) of the Malaysian Anti-Corruption Commission Act (ASPRM) because the charges were unfounded as they did not specify the details of the offences committed.
"Since the charges under that section, including the first charge, are not provided for by the law and are unfounded, I truly believe that the money laundering charges, which are predicate offences, are also unfounded," he said.
Muhyiddin claimed that it was inappropriate and unfair for him to continue to face prosecution and trial for money laundering charges because the lengthy trial would affect the quality of his life.
"Therefore, I believe that my rights under Phases 5 and 8 of the Federal Constitution will be affected if this application is not granted and I am forced to face trial on baseless charges.
"I also believe that the respondent (prosecutor) will not be prejudiced if this application is allowed," he said.
The Bersatu president is facing two charges of receiving proceeds from unlawful activities amounting to RM195 million from Bukhary Equity which was deposited into Bersatu's CIMB Bank account.
The offences were allegedly committed at CIMB Bank Menara KL Branch, Jalan Stesen Sentral, here, between Feb 25 and July 16, 2021, and between Feb 8 and July 8, 2022.
Muhyiddin was also charged at the Shah Alam Sessions Court on March 13 this year with receiving money from illegal activities amounting to RM5 million and the case had been transferred to the Sessions Court here for a joint trial.
Last Aug 15, the High Court acquitted and discharged Muhyiddin of four counts of abuse of power involving RM232.5 million in connection with the Jana Wibawa project.
Judge Datuk Muhammad Jamil Hussin, in allowing Muhyiddin's application to strike out the charges, ruled that the four charges were vague, flawed and unfounded because they did not specify the details of the offences committed.
The prosecution filed a notice of appeal at the Court of Appeal on the same day (Aug 15) against the decision and the hearing of the appeal was set for Feb 28 and 29 next year.
-- BERNAMA
Bernama
Wed Oct 04 2023
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