Solicitors Chetan Jethwani & Company filed the motion in the Court of Appeal registry with an affidavit in support affirmed by Muhyiddin yesterday.
In essence, he said the Court of Appeal decision was a nullity and an illegality as it did not fall within the jurisdiction conferred by Section 50(1) of the Courts of Judicature Act 1964.
A copy of the cause papers has been served on the prosecution.
The motion calls for leave to be given under Rule 105 of the Rules of the Court of Appeal 1994 to review the decision delivered on Feb 28.
The Bersatu president also asked the Court of Appeal to exercise its inherent power under the rule in the interest of justice to restore the High Court ruling.
In allowing the prosecution’s appeal, a three-member Court of Appeal bench chaired by Justice Hadhariah Syed Ismail ruled that the High Court had erred in law in holding that the charges were defective.
“The charges were unambiguous. There is no necessity for the prosecution to give further particulars as to how the offence was committed,” Hadhariah said.
Hadhariah said the bench also found no merit in Muhyiddin’s argument that Bersatu does not fall within the definition of “associate” in the Malaysian Anti-Corruption Commission Act 2009. The appeals court said the party, being a political society, came within the definition.
“We agree with the appellant (prosecution) that the judge erred in law (in holding) that the charges did not disclose any offence known to the law,” she said.
Also on the three-member panel which heard the appeal were Justices Azmi Arifin and Komathy Suppiah.
Muhyiddin was charged in March last year with abusing his power as prime minister between Feb 8 and Aug 20, 2021 in connection with 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 before judge Azura Alwi on March 10.
On March 1, the Pagoh MP also filed an appeal in the Federal Court to set aside the Court of Appeal ruling. This is likely to be withdrawn following the review application.
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