The Attorney-General’s Chambers (AGC) has explained its decision not to proceed with four charges against former prime minister Muhyiddin Yassin, saying pursuing them could have jeopardised its strategy and evidentiary case for other charges he still faces.
In a statement, the AGC said the decision involving one abuse of power charge and three money laundering charges linked to Bukhary Equity Sdn Bhd was based on a professional assessment of the evidence, the prospects of proving the case and the overall interests of the prosecution.
“The assessment showed that proceeding with the charges posed clear litigation risks, including the risk of undermining the strategy and evidentiary case for the other charges still faced by the accused,” it said.
“In such circumstances, the prosecution must consider the overall interests of the case rather than defend an individual charge in isolation.”
AGC cites evidence and litigation risks
The AGC stressed that the public prosecutor’s duty is not to defend a charge at all costs, but to ensure that only charges supported by sufficient evidence and capable of being defended in court are pursued.
It said prosecutorial decisions could be reassessed after a comprehensive evaluation of the evidence as a whole, the admissibility of evidence, the credibility of witnesses and the implications for other proceedings.
“The decision must be made based on the law, evidence and the interests of the administration of justice,” it said.
The AGC said it had concluded that proceeding with the four charges was no longer an appropriate or prudent prosecutorial course of action.
It also stressed that the decision did not mean the charges had been brought without basis, nor could it be interpreted as a finding that the transactions under investigation had not taken place.
Gobind calls for explanation
The explanation came after DAP chairman Gobind Singh Deo called on Attorney-General Dusuki Mokhtar to explain the decision to discontinue the four charges.
Gobind, who is also digital minister and a lawyer by training, said transparency was essential given the public interest in the case and the fact that the trial was nearing its conclusion.
He said public confidence in the attorney-general and the integrity of the criminal justice system could be eroded if high-profile prosecutions were discontinued midway without clear justification and a full explanation to the public.
“The public is entitled to know what specific material factors or legal considerations changed to prompt the decision to halt the process at this stage,” he said in a statement.
Earlier, deputy public prosecutor Ahmad Akram Gharib told the Kuala Lumpur High Court that the prosecution had decided not to proceed with the four charges after reviewing the overall circumstances of the case.
He applied for a discharge not amounting to an acquittal (DNAA) under Section 254(1) of the Criminal Procedure Code.
However, High Court judge Noor Ruwena Nurdin acquitted Muhyiddin after the prosecution offered no specific reason for its DNAA application.
Muhyiddin still faces three charges
Muhyiddin had faced one abuse of power charge and three money laundering charges involving RM200 million allegedly received by Bersatu from Bukhary Equity.
The AGC said Muhyiddin still faces three other abuse of power charges under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009 linked to the Jana Wibawa programme.
In that case, he is accused of abusing his position to solicit RM25.3 million in bribes from Nepturis Sdn Bhd, Mamfor Sdn Bhd, KCJ Engineering Sdn Bhd and its managing director, Azman Yusoff.
