Muhyiddin made a political victim by DAP-Zahid-PKR government, claims Azmin
SHAH ALAM - Former Prime Minister Tan Sri Muhyiddin Yassin has been made a political victim by the "DAP-Zahid-PKR" government to tarnish the leadership of Bersatu and Perikatan Nasional (PN), claims Datuk Seri Azmin Ali.
The former Selangor Menteri Besar said the four charges against Muhyiddin fail to disclose any legal wrongdoing involving the Pagoh MP.
"Bersatu is a political organisation, not a business entity. Bersatu is not an 'associate' under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act. Therefore, Muhyiddin has been wrongly charged for political purposes," he said in a statement today.
Azmin also said that the prosecution had allegedly fabricated charges that do not comply with the requirements of Section 154 of the Criminal Procedure Code.
"This defect is grave and cannot be amended or rectified.
"The MACC prosecution team admits that there is no evidence supporting their argument that charges under Section 23 for abuse of power can be made without specific details of act or decision taken by Muhyiddin," he added.
Earlier today, Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin, had reportedly argued that the four charges of misusing position to obtain bribes amounting to RM232.5 million for Bersatu filed against Muhyiddin were not discriminatory in nature.
He said that all the charges met sections 152, 153, and 154 of the Criminal Procedure Code (CPC) by stating the form of the charge, particulars as to time, place and person (accused) and manner how the offence was committed.
He also said that Muhyiddin's rights according to Article 5 of the Federal Constitution had not been violated because the trial of the case had not started.
Wan Shaharuddin was arguing on Muhyiddin's application to strike out the four charges made against him in the hearing before Judge Datuk Muhammad Jamil Hussin.
Meanwhile, deputy public prosecutor Ahmad Akram Gharib, who also appeared for the prosecution in the case, said all the charges that Muhyiddin was seeking to strike out clearly stated the elements of the offence under Section 23(1) of the MACC Act 2009, that is, Muhyiddin, in his capacity as a public officer at the time, namely the prime minister, had used his position to obtain bribes of RM232.5 million.
"At this stage, it is too early to say that the charges he is facing are flawed because the charges are complete in terms of Muhyiddin being the prime minister and president of Bersatu. The bribes he allegedly received are from three companies. We don't understand what else the applicant wants," he said and requested the court to dismiss the application.
Muhyiddin's counsel Datuk Hisyam Teh Poh Teik, in his submission, stated that all four charges of abusing position were bad in law and defective in nature as the respondent had failed to particularise how his client had allegedly committed the offences.
Judge Muhammad Jamil fixed Aug 15 to decide on Muhyiddin's application, which was filed last April 18.
Muhyiddin, 76, as the then prime minister and Bersatu president, was charged with using his position to obtain bribes amounting to RM232.5 million from three companies namely Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd, and also from one Datuk Azman Yusoff, for the party.
He was charged with committing the offences at the Prime Minister's Office, Bangunan Perdana Putra, Federal Government Administration Centre in Putrajaya between March 1, 2020, and Aug 20, 2021.
In addition to the four charges, Muhyiddin is also faced with two charges of receiving proceeds from unlawful activities amounting to RM195 million from Bukhary Equity which was deposited into Bersatu's CIMB Bank account.
The PN chairman was also charged in the Shah Alam Sessions Court last March 13 with receiving proceeds from unlawful activities amounting to RM5 million and the case had been transferred to the Sessions Court here to be tried with the other cases.
