Justice Aliza Sulaiman fixed the date after hearing submissions from Chetan Jethwani for Bersatu and senior federal counsel Nurhafizza Azizan for the government and MACC.
Nurhafizza earlier maintained that the criminal charges against former prime minister Muhyiddin Yassin had always been consistent and were brought against him in his capacity as Bersatu president and a public officer.
She was responding to Chetan’s contention that the investigation and charges were directed at Muhyiddin personally, not Bersatu, rendering the freezing and seizure of the party’s accounts unlawful.
Nurhafizza submitted that Section 51 of the Societies Act (Act 832) provides that liability for offences committed by a society may attach to its office bearers, even if they did not personally participate in the offence.
She argued that the law does not permit charging the society itself but allows for its office-bearers to be prosecuted.
Nurhafizza said Section 51(1) of the Societies Act supports her contention, providing that an office-bearer may be held liable for offences committed by a society.
She also said Section 51(2) allows for the prosecution of a society’s office-bearer and a person managing or assisting in its management, notwithstanding that he may not have taken part in the commission of the offence.
“Therefore, Tan Sri (Muhyiddin), in his capacity as the Bersatu president, was charged with offences in relation to the mismanagement of Bersatu’s accounts.”
She further submitted that Muhyiddin was charged under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, read together with Section 87 of the Act.
She said the provision makes directors or officers concerned with the management of a body corporate or association liable where offences are committed.
Muhyiddin faces four counts of abuse of power and two money laundering charges involving RM232.5 million and RM195 million. His trial is scheduled to begin next month.
On Oct 30, 2023, the High Court allowed Bersatu to proceed with its challenge after finding that the application was neither frivolous nor vexatious. However, the court dismissed Bersatu’s bid for interim access to the frozen accounts.