Muhsin's appeal against dismissal of review bid struck out by Appeals Court

On Sept 3, 2018, the High Court in Penang discharged and acquitted Lim and Phang on corruption charges involving the purchase of a land lot and bungalow at below market value after the prosecution informed the court it did not want to pursue the charges following a representation it received from Lim and Phang.

In the Court of Appeal today, Lim's counsel, Ramkarpal Singh, informed the court that Muhsin had filed a notice of discontinuance of the appeal last Thursday.

He said although Muhsin had filed the notice to discontinue with the appeal, the counsels were informed by the court to attend court today, but said Muhsin and his counsel were however not present.

Ramkarpal, who also appeared on behalf of Phang’s counsel, Datuk V.Sithambaram, said in the light of the notice of discontinuance, the appropriate order was for the appeal to be struck out.

Deputy public prosecutors Datuk Mohd Dusuki Mokhtar and Mohd Zain Ibrahim appeared for the prosecution.

Justice Datuk Yaacob Md Sam, who led the three-member bench, subsequently struck out the appeal.

The other two judges were Datuk Mohamad Zabidin Mohd Diah and Datuk Wira Ahmad Nasfy Yasin.

Muhsin filed for a review of the High Court's decision to acquit Lim and Phang on grounds that the prosecution's request not to pursue the trial was invalid and sought for the court to replace its order to that of a discharge not amounting to an acquittal (DNAA).

On Oct 12, 2018, the High Court dismissed Muhsin's review, ruling that he did not have the locus standi to file the review.

On Sept 3, 2018, the High Court granted a discharge not amounting to an acquittal after the defence applied for Lim and Phang to be fully acquitted on the charges.