High Court Allows Muhyiddin's Application To Transfer Abuse Of Power, Money Laundering Case

Barnama

17 hours ago

KUALA LUMPUR, June 16 (Bernama) -- The High Court today allowed Tan Sri Muhyiddin Yassin's application to transfer his seven charges of abuse of power and receiving funds from unlawful activities from the Sessions Court to the High Court.
Justice Datuk Muhammad Jamil Hussin granted the application after hearing submissions from Muhyiddin's counsel, Datuk Hisyam Teh Poh Teik, and deputy public prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin.
'I have considered the arguments from both parties and find that the applicant has met the threshold under Section 417(1)(b) of the Criminal Procedure Code for the case to be transferred to the High Court. The three questions of law arising from the charges are of exceptional complexity.
'While I have full confidence in the Sessions Court judge's legal competence and ability to conduct the trial, it is more appropriate for the High Court to determine these legal issues,' the judge said.
The court then fixed July 14 for case management.
Earlier, Hisyam submitted that the application had satisfied the necessary threshold, and there were sufficient merits for the court to exercise its additional powers under Section 12 of the Schedule to the Courts of Judicature Act 1964.
"In the applicant's affidavit in support, (it is stated that) a number of critical questions of law of unusual difficulty are likely to arise in these criminal proceedings, and that for the ends of justice, the case should be transferred to and tried before the High Court," he said.
Hisyam said the first legal issue is whether the learned Sessions Court judge may invoke both statutory presumptions against the applicant, or is limited to relying solely on the presumption under Sections 23(2) and 50(1) of the Malaysian Anti-Corruption Commission (MACC) Act.
"The second issue is whether, in law, the monies allegedly received by Bersatu constitutes unacceptable gratifications or legitimate political donations, and the third legal issue is whether the word 'organisation' in the context of the MACC Act can be interpreted and construed to also include a political party like Bersatu," he said.