KUALA LUMPUR: There was no discrimination in the corruption charges faced by Tan Sri Muhyiddin Yassin involving millions of ringgit linked to the Jana Wibawa scandal, the High Court heard today.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said all charges against the Parti Pribumi Bersatu president complied with Sections 152, 153, and 154 of the Criminal Procedure Code.
He said Muhyiddin was given the same opportunity as an ordinary accused, where he could present any application and defence.
"The applicant, who is also a former prime minister, has the right to present all of his defences in this case.
"The main element in this case has been included in the charge, which is the subject matter of this application.
"It is premature to argue about how an offence should be explained when testimony from witnesses has not been heard," he said before judge Datuk Muhammad Jamil Hussin today.
Shaharuddin said this in his submission to dismiss Muhyiddin's application to strike out four counts of abuse of power against him.
Muhyiddin, 76, had filed an application at the High Court on April 19 seeking an acquittal and discharge of four counts of abuse of power against him in relation to the Jana Wibawa scandal.
Counsel Datuk Hisyam Teh Poh Teik argued that the prosecution, in their charges, failed to disclose the known offences in law and abuse of process.
"It is both plain and obvious that the concept of fair process has been vitiated by an over-hasty and stage-managed prosecution, where the basic elementary rules of fairness are not observed.
"The fair trial of the applicant has been breached when the respondent preferred these four defective charges, which did not disclose an offence known to law.
"We argue that there is an oblique motive on the part of the public prosecutor as there is no fairness," he said.
Hisyam said it was clear that the respondent, being a public prosecutor, had breached the applicant's right to equal protection before the law.
He said a miscarriage of justice had been occasioned when fundamental principle is not adhered to by the respondent, being the public prosecutor.
The court fixed Aug 15 for decision.
Muhyiddin, whose registered name is Mahiaddin Md Yasin, is the second prime minister to be charged in court for corruption in the country's history.
Muhyiddin was charged with two counts of receiving RM195 million in funds that are proceeds from unlawful activities between Feb 25 to July 16, 2021, and Feb 8 to July 8 last year.
He was also charged with four counts of using his position as prime minister and Bersatu president to ask for a RM200 million bribe from Bukhary Equity Sdn Bhd at the Prime Minister's Department Complex, the Federal Government Administrative Centre, Putrajaya, between Feb 8 and 25, 2021.
The four charges were framed under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009, which carries a maximum 20 years of jail time, or a fine of five times the value of the money solicited, or RM10,000, whichever is higher.
He was released on a RM2 million bail.
Others who have previously been charged for corruption related to the Jana Wibawa programme were former Bersatu information chief Datuk Wan Saiful Wan Jan and businessman and Segambut Bersatu deputy chief Adam Radlan Adam Muhammad.
Source: NST