APPEALS COURT DISMISSES MUHYIDDIN’S BID TO REVIEW COURT’S RULING TO REINSTATE POWER ABUSE CHARGES

PUTRAJAYA, Sept 11 (Bernama) -- The Court of Appeal has dismissed former prime minister Tan Sri Muhyiddin Yassin's application to review the decision of its previous panel that reinstated the four power abuse charges involving RM232.5 million against him.

A five-member panel led by Judge Datuk Azizah Nawawi in unanimous decision held that the earlier panel had a requisite jurisdiction to hear and adjudicate the prosecution's appeal.

"Therefore, the application for review is dismissed," Justice Azizah said.

The other judges in the panel are Datuk Che Mohd Ruzima Ghazali, Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah and Datuk Azhahari Kamal Ramli.

This means Muhyiddin will have to face trial over four power abuse charges at the Kuala Lumpur Sessions Court.

Justice Azizah said the applicant (Muhyiddin) argued that the respondent's appeal (prosecution) to the Court of Appeal was incompetent as it did not meet the statutory requirements of Subsection 50(1) of the Courts of Judicature Act (CJA) 1964 and this court exceeded its jurisdiction when it heard and granted the appeal on Feb 28.

"The applicant submits that the decision of the High Court judge in invoking the inherent jurisdiction to strike out the charges against him does not fall within paragraph 50(1)(b) of the CJA 1964 as the learned judge was not exercising its revisionary jurisdiction regarding any criminal matter decided by the Session Court," she said.

However, Justice Azizah said the court is of the considered opinion that such an interpretation will lead to an absurdity that was not intended by Parliament. 

"If the applicant is correct that there can be no appeal against the decision of the High Court judge is dismissing the charges and acquitted the applicant, it would simply mean that the High Court has an unlimited jurisdiction to quash a criminal charge and acquit an accused person without trial.

"Further, it would lead to an absurd situation where the prosecution is left without any remedy as the propriety and correctness of the said decision of the High Court Judge can never be challenged," she added

-- BERNAMA