Why was Muhyiddin alone charged on 13/3/2023 - Why was Bersatu not charged? Why were all the other members of the EXCO or Majlis Tertinggi not charged?
It seems he is alleged to have committed the offence as Bersatu President, and the monies also ended up in a BERSATU account. The law allows for a 'body corporate or an association' and all persons concerned with the management of its affairs(which would be all members of the Supreme Council or Exco).According to the charge sheet, Muhyiddin, who is also Pagoh MP, had allegedly, in his capacity as Bersatu president, illegally received RM5mil from Bukhary Equity Sdn Bhd at the Amcorp Mall, Petaling Jaya AmBank branch.
He is accused of receiving the money that was deposited into the Bersatu AmBank account on Jan 7 last year.
ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001
87 Offence committed by any person acting in an official capacity
(1) Where an offence is committed by a body corporate or an association of persons, a person-
(a) who is its director, controller, officer, or partner; or
(b) who is concerned in the management of its affairs,
at the time of the commission of the offence, is deemed to have committed that offence unless that person proves that the offence was committed without his consent or connivance and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.
(2) An individual may be prosecuted for an offence under subsection (1) notwithstanding that the body corporate or association of persons has not been convicted of the offence.
In any democratic society or political party, the power of governing or management rests do not only with the President - the power and responsibility rest with the entire executive committee or 'Majlis Tertinggi' - so, should BERSATU and all members of the Executive Committee also be charged? UNLESS, in BERSATU the President wields absolute power...
Maybe, the Public Prosecutor should explain - why only Muhyiddin(the President) was charged, and not BERSATU and the others in committee?
The words in the Act, i.e. ' the body corporate or association of persons has not been convicted of the offence' is clear that BERSATU can be charged, tried and convicted..
Now, in this case, Muhyiddin can walk free if he proves ' that the offence was committed
without his consent or connivance and that he exercised such diligence
to prevent the commission of the offence as he ought to have exercised,
having regard to the nature of his function in that capacity and to the
circumstances.' Why? Maybe in the meeting where the related decision was made, he opposed but was overruled by majority in the Supreme Council - Hence, best if BERSATU and all others in the Supreme Council of BERSATU are also charged for this particular offence... so the guilty does not escape after committing the crime. It better to have ONE TRIAL - rather than having several trials for the same offence in this case.
Muhyiddin pleads not guilty to receiving RM5 mil from illegal activities from Bukhary Equity
Tan Sri Muhyiddin Yassin seen arriving at the Shah Alam Sessions Court on Monday, March 13, 2023 morning. (Photo by Suhaimi Yusuf/The Edge)
SHAH ALAM (March 13): Former prime minister and Perikatan Nasional (PN) chairman Tan Sri Muhyiddin Yassin was charged again on Monday (March 13) at the Sessions Court here for money laundering of RM5 million.
Muhyiddin pleaded not guilty to the charge read out to him before judge Rozilah Salleh.
Rozilah then agreed to the bail terms set at the Kuala Lumpur Sessions Court, where Muhyiddin was charged last week.
The bail set in Kuala Lumpur was RM2 million, which was paid by Muhyiddin for his earlier six charges. This means that the former PM would not have to pay bail for this charge in Shah Alam.
He was charged with using his power as PN’s component party Parti Pribumi Bersatu's president to receive the RM5 million from illegal activities from Bukhary Equity Sdn Bhd on Jan 7, 2022, which was deposited into the party’s AmBank account at the bank’s Amcorp Mall branch.
The Pagoh member of Parliament was charged under Section 4(1)b of The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla).
For the Amla charges, he faces a term of not more than 15 years jail time and a fine of up to five times the amount of the illegal proceeds or RM5 million, whichever is higher.
Muhyiddin was represented by lawyer Datuk Datuk K Kumaraendran.
The judge then set May 26 for case mention.
The prosecution was also conducted by deputy public prosecutors Ahmad Akram Gharib, Kalai Vani Annadorai, Maziah Mohaide, Mohd Fadhly bin Mohd Zamry and Zander Lim Wai Keong.
Muhyiddin was also represented by Chetan Jethwani, Dev Kumaraendran, Mohamad Isa Mohamad Basir, Teh See Khoon, Varsha Chelvi, Amiratu Al Amirat Salleh Mohamed Garbaa, Sharir Ab Razak and Raja Syuhada Raja Khairuddin.
Muhyiddin turned up at the courthouse at around 8.20am and was greeted by some supporters. The main entrance of the courthouse was closed and only media and lawyers were allowed to enter.
Shortly after the charge was read out, Muhyiddin was seen leaving the court complex with his entourage.
On Friday (March 10), Muhyiddin pleaded not guilty and claimed trial to six charges at the Kuala Lumpur Sessions Court. Four of the charges were for corruption and the two were for money laundering.
Muhyiddin was charged with four counts of abuse of power for using his position as then prime minister when his party, Parti Pribumi Bersatu Malaysia, was alleged to have obtained gratification of (received) RM232.5 million in bribes from corporate entities, namely three companies and one individual.
He faces not more than 20 years in prison for each charge and a summons of up to five times the amount of the bribe or RM10,000, whichever is higher.
The other two money laundering charges involves receiving RM195 million of proceeds of illegal funds from illegal activities from Bukhary Equity. These took place in 2021 and 2022.
Muhyiddin is the second former prime minister to have criminal charges against him. The first was Datuk Seri Najib Abdul Razak, who is currently in jail due to the SRC International Sdn Bhd trial.
Muhyiddin, 75, who was sacked by his former party Umno for speaking up against Najib and his misgivings in 1Malaysia Development Bhd (1MDB), was one of the founders of Parti Pribumi Besatu who had joined the Pakatan Harapan coalition in 2018 to topple the Barisan Nasional stronghold in the country.
In 2020, Muhyiddin was an integral part in the “Sheraton Move” which saw the Pakatan Harapan government collapse and the new coalition called Perikatan Nasional take over as government, which led to Muhyiddin to become the nation’s 8th prime minister and gained him the popular moniker “Abah”.
Muhyiddin’s charging follows a spate of corruption charges against his party members, related to the Jana Wibawa programme. They are former Parti Pribumi Bersatu Malaysia (Bersatu) information chief Datuk Wan Saiful Wan Jan and businessman cum Bersatu Segambut division deputy chief Adam Radlan Adam Muhammad.
Wan Saiful had relinquished his post as Bersatu information chief after he was charged.
On Saturday (March 11), the Bersatu Supreme Council rejected Muhyiddin’s resignation as party chairman.
Bukhary Equity
According to Companies Commission Malaysia (SSM) records dated Feb
15, 2023, Bukhary Equity is a company 99% owned by tycoon Tan Sri Syed
Mokhtar Al Bukhary, while the remaining 1% is held by Syarifah Zarah
Syed Kechik. - Edge Markets, 13/3/2023
Muhyiddin slapped with seventh charge over alleged laundering of RM5m for Bersatu; previous RM2m bail maintained
SHAH ALAM, March 13 — Former prime minister Tan Sri Muhyiddin Yassin today pleaded not guilty to yet another money-laundering charge — this time involving RM5 million of funds of alleged illegal origins, which brings the total number of charges against him to seven.
At around 9am this morning, Muhyiddin was charged under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
He claimed trial to the money-laundering offence, where he was alleged of having received RM5 million in alleged proceeds from unlawful activities from Bukhary Equity Sdn Bhd which was deposited into Parti Pribumi Bersatu Malaysia’s AmBank account.
He was alleged to have committed the offence at AmBank’s Amcorp Mall branch on January 7, 2022.The Section 4(1)(b) offence which Muhyiddin was accused of was read together with Section 87(1) of the same anti money laundering law.
Under Section 87(1), when an offence is committed by a body corporate or an association, a person – who is its director, controller, officer, partner or concerned in the management of its affairs — is considered to have committed the offence, unless the person proves that the offence was committed without his consent and he had exercised diligence to prevent the offence.
If convicted for the money laundering offence under Section 4(1)(b), the penalty is a jail term that can go up to 15 years and a fine not less than five times the sum of the alleged illegal funds or RM5 million, whichever is higher.
Deputy public prosecutor Ahmad Akram Gharib applied for the bail conditions which were previously imposed by the Sessions Court in Kuala Lumpur to also be used for this case, namely RM2 million bail with two sureties and for his passport to be surrendered to the court.
Akram also applied for today's case to be transferred from the Sessions Court in Shah Alam to the Sessions Court in Kuala Lumpur, as there are already six charges there against Muhyiddin.
Muhyiddin's defence team led by lawyer Datuk K. Kumaraendran did not object to the two requests made by the prosecution.
Sessions Court judge Rozilah Salleh allowed the previous RM2 million bail which Muhyiddin had paid for his six charges in Kuala Lumpur to be used as bail for today’s charge, and said all other bail conditions would also be the same.
This means that Muhyiddin did not have to pay any additional money to secure his bail in today's case.
Rozilah also allowed this case to be transferred from the Shah Alam courts to the Sessions Court in Kuala Lumpur.
Walking out minutes after he had been charged, Muhyiddin merely told the media who were waiting at the lobby of the Shah Alam court complex that he had pleaded not guilty and claimed trial and that the judge had agreed to transfer the case to the Kuala Lumpur courts.
The Perikatan Nasional chairman then left in a convoy of cars shortly before 9.20am.
Last Friday, Muhyiddin claimed trial to six charges in the Sessions Court in Kuala Lumpur, namely four corruption charges and two money laundering charges.
Muhyiddin was accused of four counts under the Malaysian Anti-Corruption Commission (MACC) Act for alleged abuse of power as then prime minister and president of Parti Pribumi Bersatu Malaysia for a total of RM232.5 million in alleged bribes from three companies and one individual (Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd, Azman Yusoff) for his party during March 2020 to August 2021 period. The penalty upon conviction is a maximum 20-year jail term, and a fine of not less than five times the amount of gratification or RM10,000, whichever is higher.
The remaining two counts were for alleged money-laundering of a total of RM195 million of proceeds from illegal funds from the company Bukhary Equity Sdn. Bhd, Muhyiddin accused of having as Bersatu president received and deposited the funds into Bersatu’s CIMB bank account in 2021 and 2022 at CIMB's Menara KL branch. The penalty upon conviction is a maximum 15-year jail term and a fine of RM5 million or not less than five times the amount involved, whichever is higher.
These cases will next come up for mention at the Sessions Court in Kuala Lumpur on May 26. - Malay Mail, 13/3/2023
Muhyiddin charged with money laundering RM5mil
SHAH ALAM: Former prime minister Tan Sri Muhyiddin Yassin was charged at the Sessions Court here with money laundering here.
Dressed in a dark suit, without a tie, the Bersatu president, 75, claimed trial for the charge levelled against him.
He was charged on Monday (March 13) under Section 4(1)(b) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Illegal Activities Act (AMLATFPUAA) 2001 read together with Section 87 (1) of the same Act.
According to the charge sheet, Muhyiddin, who is also Pagoh MP, had allegedly, in his capacity as Bersatu president, illegally received RM5mil from Bukhary Equity Sdn Bhd at the Amcorp Mall, Petaling Jaya AmBank branch.
He is accused of receiving the money that was deposited into the Bersatu AmBank account on Jan 7 last year.
If found guilty, the former Umno stalwart faces a jail term of up to 15 years and a fine of no less than five times the amount of gratification.
The prosecution team comprised of Ahmad Akram Gharib, Mohd Fadhly Mohd Zamry, Zander Lim Wai Keong, Kali Vani Annadorai and Maziah Mohaide.
The prosecution applied for the case to be transfered to the KL Sessions Court for it to be mentioned on May 26 together with the charges levelled against Muhyiddin there last week.
It (the prosecution) also offered that the RM2mil bail with two sureties that was imposed by the Kuala Lumpur Sessions Court be used for today's charge as well.
The Kuala Lumpur Sessions Court had also ordered Muhyiddin to surrender his passport.
Judge Rozilah Salleh agreed to the prosecution's application to transfer the case to Kuala Lumpur and apply the bail set there for the current case.
Last week, Muhyiddin was slapped with multiple charges for graft and money laundering at the Kuala Lumpur Sessions Court.
He had been charged for four counts of abuse of power involving RM232.5mil as well two counts of money laundering involving RM195mil.
The charges had been framed under the Section 23(1) of the MACC Act 2009 and the AMLATFPUAA 2001 respectively.
The former Umno heavyweight had claimed trial for all six charges.
The defence was made up of Datuk K. Kumarendran, Chetan Jethwani and Dev Kumaraendran among others. - Star, 13/3/2023
Posts
No comments:
Post a Comment