Deputy public prosecutor Lim Wai Keong said the former prime minister’s application for the unconditional release of his passport cannot be entertained as he is facing three money laundering charges over RM200 million linked to the Jana Wibawa programme implemented by the Perikatan Nasional-led government when he was prime minister.
He said although the High Court had struck out charges relating to the predicate offence of abuse of power brought against the PN chairman, an appeal to reinstate them was pending in the Court of Appeal.
The hearing of the appeal has been fixed for Feb 28 and 29, he said.
In an affidavit in response to Muhyiddin’s application, Lim said that, in any event, the prosecution’s position is that the money laundering charges could stand alone.
“The applicant’s assertion that the money laundering charges are groundless as the abuse of power charges have been struck out is also baseless,” he said in the affidavit sighted by FMT.
Further, he said, Muhyiddin’s application to set aside the money laundering charges before a sessions court has yet to be heard.
The Pagoh MP claims the money laundering charges are “groundless” and wants the sessions court to set them aside and grant him a discharge not amounting to an acquittal (DNAA).
Lim’s affidavit also said the bail bond posted on Muhyiddin’s behalf in the criminal proceedings brought against him is still applicable as it is a condition for Muhyiddin’s presence for the money laundering case.
“I deny there is a material change in circumstances. The applicant will suffer no injustice if the bail conditions remain,” he said.
He said Muhyiddin could apply for a temporary release of his travel documents from time to time to go overseas for vacation and medical examination.
He said the court had set bail at RM2 million as Muhyiddin is a potential flight risk, which is why his passport had been impounded.
In his application filed on Oct 16, Muhyiddin asked for a variation of his bail conditions, including the unconditional release of his travel document, to enable him to go on a holiday with members of his family.
He said he intends to go on vacation to the UK, adding that this has been a stressful year for him and his family.
He said he had already booked flight tickets as the UK-bound sector was in high demand.
According to Muhyiddin, he also needs his passport to undergo a medical check-up in Singapore.
On March 10, the sessions court ordered Muhyiddin to surrender his travel document pending the disposal of his trial on charges of allegedly abusing his power to obtain RM232.5 million for Bersatu between Feb 8 and Aug 20, 2021, and for money laundering.
On Aug 15, Justice Jamil Hussin struck out the abuse of power charges, saying they did not disclose any offence known to law and were not sufficiently clear to enable Muhyiddin to prepare his defence.