No requirement to give details of Muhyiddin’s power abuse charges, court told

No requirement to give details of Muhyiddin’s power abuse charges, court told

The prosecution says the defence is abusing the court’s processes by asking for the charges to be struck out.

Muhyiddin Yassin is charged with abusing his power as prime minister to obtain RM232.5 million for his political party, Bersatu, under the Jana Wibawa programme.
KUALA LUMPUR:
The prosecution is not legally required to give details of four counts of abuse of power charges framed against former prime minister Muhyiddin Yassin, the High Court heard today.

Deputy public prosecutor Wan Shaharuddin Wan Ladin said this is because the prosecution would bring witnesses to prove a prima facie case against the accused.

“The Federal Court in Khir Toyo v PP pronounced that the prosecution is not required to give particulars of a charge,” he said during submissions before Justice Jamil Hussin.

Wan Shaharuddin also accused the defence of abusing the processes of the court by asking it to strike out the charges under its inherent power.

“They have other alternative remedies like arguing that the charges are groundless as provided for in the Criminal Procedure Code instead of claiming the accused is being oppressed,” he said.

Wan Shaharuddin said allowing the application would be tantamount to opening the floodgates for similar applications to be made by all accused persons.

As an illustration, he said that when an accused is charged with murder, the charge will not specify which of the five limbs the prosecution intends to rely on to prove its case.

In his submission, defence counsel Hisyam Teh Poh Teik said the refusal to furnish particulars of the charges would result in Muhyiddin being denied a fair trial, a guarantee under Article 5 of the Federal Constitution.

He said former prime minister Najib Razak was also charged with abuse of power in the SRC International case and the prosecution provided the details of the charges.

“There will be no equality and equal protection of the law if Muhyiddin is not provided the details of the charges in preparation for his defence,” he said.

He said Muhyiddin would be prejudiced and suffer a miscarriage of justice if a trial were to withhold particulars of the charges.

On April 19, Muhyiddin applied for the court to annul the charges and acquit him.

The Bersatu chairman wants all proceedings in the sessions court, where he has been charged, stayed pending the outcome of the striking out application.

In the application, he said the charges did not disclose any offence under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.

He also said the charges were an abuse of process and lacking in particulars as to how he abused his power as prime minister between March 2020 and August 2021.

Muhyiddin is charged with abusing his power as prime minister between Feb 8 and Aug 20, 2021 in relation to the Jana Wibawa programme by seeking to obtain RM232.5 million for Bersatu.

He pleaded not guilty after the charges were read out to him in the sessions court here before judge Azura Alwi on March 10.

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.