AGC: Dropping four charges against Muhyiddin based on evidence, litigation risks; three Jana Wibawa charges remain

The Attorney General's Chambers (AGC) in Malaysia decided to drop four charges against Tan Sri Muhyiddin Yassin related to Bukhary Equity Sdn Bhd after a comprehensive assessment of the evidence and potential implications on other charges.

The AGC emphasized that the decision does not imply the absence of transactions under investigation and reaffirmed that prosecutorial actions should align with the law and justice interests.

While the dismissal pertains to these charges, other prosecutions under the Malaysian Anti-Corruption Commission Act against Muhyiddin will continue.

Previously, he was discharged and acquitted by the High Court regarding a separate bribery allegation.

KUALA LUMPUR, Sept 16 — The Attorney General’s Chambers (AGC) stressed that the decision not to proceed with the four charges against Tan Sri Muhyiddin Yassin in relation to Bukhary Equity Sdn Bhd was made based on a professional assessment of the evidence, the evidential viability of the case and the overall interests of the prosecution.

The AGC said the decision did not mean that the charges had been brought without basis and should not be interpreted as a finding that the transactions which were the subject of the investigation did not take place.

It said that prosecutorial decisions could and should be reviewed when the entirety of the evidence, its admissibility, the credibility of witnesses and the implications for other proceedings were assessed comprehensively, and that such decisions must be made based on the law, evidence and the interests of the administration of justice.

“The assessment showed that proceeding with the charges posed a real risk of litigation, including the risk of undermining the strategy and evidential basis of other charges still faced by the accused,” the AGC said in a statement last night.

“In such circumstances, the prosecution must consider the overall interests of the case rather than defend one charge in isolation,” it said.

The AGC also stressed that the duty of the prosecution was not to defend a particular charge at all costs, but to ensure that only charges supported by sufficient evidence and capable of being defended in court were pursued.

“After taking into account all these factors, AGC is of the view that proceeding with the charges is no longer an appropriate and prudent prosecutorial step.

“However, the prosecution involving three other predicate charges under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009 (Act 694) against the accused will continue,” it said.

High Court Judge Noor Ruwena Md Nurdin today discharged and acquitted Muhyiddin of one charge of using his position to obtain RM200 million in bribes and three money laundering charges involving the same amount after the prosecution informed the court that it would not proceed with the case against the Pagoh Member of Parliament in relation to Bukhary Equity Sdn Bhd.

Muhyiddin, 79, is now being tried on three charges of using his position to obtain RM25.3 million in bribes for Bersatu from three companies, namely Nepturis Sdn Bhd, Mamfor Sdn Bhd and KCJ Engineering Sdn Bhd, as well as Datuk Seri Azman Yusoff, in connection with the Jana Wibawa project.

The prosecution in Muhyiddin’s trial closed its case today after calling 29 prosecution witnesses. — Bernama

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马来西亚总检察署 (AGC) 在对证据和对其他指控的潜在影响进行全面评估后，决定撤销对丹斯里慕尤丁·亚辛与 Bukhary Equity Sdn Bhd 有关的四项指控。

总检察署强调，该决定并不意味着不存在正在调查的交易，并重申检控行动应符合法律和正义利益。

虽然此次驳回仅涉及这些指控，但根据马来西亚反贪污委员会法令对穆希丁提起的其他诉讼仍将继续。

此前，他曾因另一起受贿指控被高等法院宣告无罪释放。

吉隆坡，9月16日讯——总检察署强调，决定不对丹斯里慕尤丁·亚辛就布哈里股权有限公司提出的四项指控提起诉讼，是基于对证据的专业评估、案件的证据可行性以及检方的整体利益。

总检察署表示，该决定并不意味着指控毫无根据，也不应被解释为调查所涉交易没有发生。

它表示，检察官的决定可以而且应该在全面评估所有证据、证据的可采性、证人的可信度以及对其他诉讼程序的影响之后进行审查，并且此类决定必须根据法律、证据和司法公正的利益做出。

总检察署昨晚在一份声明中表示：“评估结果显示，继续推进这些指控会带来真正的诉讼风险，包括破坏被告仍面临的其他指控的策略和证据基础的风险。”

“在这种情况下，检方必须考虑案件的整体利益，而不是孤立地为某一项指控进行辩护，”声明中写道。

总检察署还强调，检方的职责不是不惜一切代价捍卫某项指控，而是确保只对有充分证据支持且能够在法庭上进行辩护的指控提起诉讼。

“考虑到所有这些因素，总检察署认为，继续提起诉讼不再是适当和谨慎的检控步骤。

“然而，根据2009年马来西亚反贪污委员会法令（第694号法令）第23(1)条对被告提出的其他三项前科指控的起诉将继续进行，”声明中说。

高等法院法官努尔·鲁韦纳·莫哈末·努尔丁今天宣布，穆希丁因涉嫌利用职权获取2亿令吉贿赂和三项涉及相同金额的洗钱指控而无罪释放。此前，控方告知法庭，将不再就布哈里股权有限公司一案对这位巴莪国会议员提起诉讼。

现年79岁的慕尤丁目前正因三项罪名受审，罪名是利用职务之便，从三家公司（即Nepturis私人有限公司、Mamfor私人有限公司和KCJ Engineering私人有限公司）以及拿督斯里阿兹曼尤索夫（Datuk Seri Azman Yusoff）向土团党索取与Jana Wibawa项目有关的2530万令吉贿赂。

在穆希丁案的审判中，控方今天传唤了29名证人后结束了举证。——马新社

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