The prosecution has given 13 reasons in its appeal petition regarding the High Court's decision to acquit Muhyiddin Yassin of four charges of using his position for bribes totalling RM232.5 million for the Bersatu party in connection with the Jana Wibawa project.
In the appeal petition filed on Sept 19, the prosecution said judge Muhammad Jamil Hussin erred in law and facts by arbitrarily using his inherent powers to strike out the four charges against the former prime minister (respondent).
"...this case is not suitable for the court to do so, and an indictment has been preferred in accordance with the law," it said in the petition.
The prosecution claimed that the judge also erred in dismissing the charges prematurely at this stage, as it hindered the prosecution from presenting relevant and admissible evidence during the trial through witnesses and documentary evidence to prove the case.
"The judge erred when he arbitrarily exercised his inherent powers to dismiss the charges against the respondent, as the respondent's application constitutes an abuse of the court process since it is premature and the trial has not yet commenced," said the prosecution.
It alleged that the judge erred when the prosecution failed to state how Muhyiddin used his position, resulting in the charges faced by the respondent being flawed.
"Furthermore, what was not stated by the prosecution is not an irreparable matter at this proceeding stage, as the prosecution can still present evidence to identify the violations and amend the charges at any trial stage with the court’s permission," it said.
In addition, the prosecution said the judge was also wrong when he stated that the prosecution's failure to provide details of the charges had confused the respondent.
"Whether what was not stated (in the charges) leads to an injustice can only be determined at the end of the trial, taking into account all the evidence presented before the presiding judge," it added.
According to the prosecution, the judge erred when exercising inherent powers to dismiss the charges against the respondent, especially when the respondent failed to prove the charges against him amounted to an abuse of the court process.
Meanwhile, deputy public prosecutor Wan Shaharuddin Wan Ladin, when contacted by reporters, confirmed the appeal petition.
On Aug 15, the High Court acquitted and discharged the Pagoh MP on four counts of using his position as the then prime minister and Bersatu president to obtain bribes totalling RM232.5 million in connection with the Jana Wibawa project, after granting Muhyiddin's application to quash all the charges.
The prosecution filed a notice of appeal at the Court of Appeal on the same day.
On Sept 27, the Court of Appeal fixed Feb 28 and 29, 2024, to hear the prosecution's appeal.
Muhyiddin is still facing three more charges of money laundering amounting to RM200 million related to the Jana Wibawa project.