PUTRAJAYA: Tan Sri Muhyiddin Yassin will know on Aug 20 if he can walk free or needs to answer his four abuse of power charges relating to the Jana Wibawa scandal.
This is after a five-member Court of Appeal panel fixed the date to decide on the former prime minister's last legal bid to restore his discharge and acquittal (DAA) on the charges.
The court, led by Datuk Azizah Nawawi, said it needed more time to deliver its verdict as the case involved serious issues.
Other members of the bench were Datuk Che Mohd Ruzima Ghazali, Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah, and Datuk Azhahari Kamal Ramli.
The 76-year-old Bersatu president is appealing the entire decision made by the appellate court justices Datuk Hadhariah Syed Ismail, Datuk Azmi Ariffin and Datuk S.M. Komathy Suppiah.
The judges, on Feb 28, allowed the prosecution to reinstate four abuse of power charges and ordered the case to be remitted to the Kuala Lumpur Sessions Court.
The prosecution's appeal came after a High Court judge on Aug 15 last year acquitted and released Muhyiddin of the charges, ruling that they were all defective and in bad faith.
In today's proceeding, Muhyiddin's lead counsel Datuk Hisyam Teh Poh Teik argued that the earlier order by the Court of Appeal was bad in law as they lacked jurisdiction to hear the appeal submitted by the prosecution.
He submitted that there were no other legal avenues nor recourses available to his client but to seek the aid of the court to rectify the injustice that arose from the impugned decision.
"In a nutshell, the failure of justice resulting from the impugned decision is so grave and apparent on the face of the records that it warrants the review intervention of this court," he said in his submission.
Hisyam also submitted that the Court of Appeal had the jurisdiction to reopen an appeal which it had already determined in order to avoid real injustice in exceptional circumstances.
"The Court of Appeal has the authority to correct incorrect decisions to ensure justice between the litigants and to maintain public confidence in the administration of justice.
"This includes remedying wrong decisions, clarifying and developing the law, and setting precedents," he said.
Meanwhile, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin argued that the previous Court of Appeal panel had the authority to hear and decide on appeals, including the prosecutor's appeal, under Rule 105 of the Court of Appeal Rules 1994 concerning the applicant's acquittal.
"This judicial review application constitutes an abuse of court process.
"Therefore, I request the court to dismiss the applicant's judicial review application and remit this case to the Sessions Court for trial," he said.
On March 10 last year, Muhyiddin 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 as well as Datuk Azman Yusoff for the party.
He had allegedly committed 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.
On April 18, Muhyiddin, who is also Perikatan Nasional chairman, filed an application to quash the four charges under Section 23 (1) of the Malaysian Anti-Corruption Commission (MACC) Act.