Connect with us

Court Cases

Malaysian High Court clears 8th PM Muhyiddin Yassin of abuse of power charges

Former Malaysian Prime Minister Tan Sri Muhyiddin Yassin has been cleared of all four allegations of abuse of power in the Jana Wibawa case by the High Court on Tuesday (15 Aug).

The Malaysian 8th PM expressed vindication, claiming political motives behind the charges.

The Attorney General’s Chambers plans to challenge the verdict.

Published

on

MALAYSIA: Tan Sri Muhyiddin Yassin, former Malaysian Prime Minister has been cleared of all four allegations of abuse of power in the Jana Wibawa case in the High Court on Tuesday (15 Aug).

The High Court judge, Datuk Muhammad Jamil Hussin, dismissed the case, declaring that all four accusations were flawed and made in bad faith.

“The four charges did not disclose an offence under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act and Section 154 of the Criminal Procedure Code (CPC) which calls for an extraordinary circumstance compelling me to use the court’s inherent powers.”

“This is to prevent an abuse of the court process. I am therefore allowing for the four charges to be struck out and the applicant is acquitted and released,” the high court judge said.

In his verdict, Muhammad Jamil opposed the prosecutors’ contention that the specifics of the offense’s execution need not be revealed in the charges but could instead be established through courtroom testimonies.

“This will surely bring about injustice to the applicant who is uninformed of the true nature of the offense committed and therefore incapacitating them of an effective defense before trial commences.”

“The unmentioned particulars render the charges vague and the applicant confused since he has no idea what matter concerning his decision or action he had taken (in committing the offence).”

“The applicant should not be allowed to speculate and prejudiced when he is not informed of their true nature,” he said.

The judge proclaimed that subjecting the former Prime Minister to a criminal proceeding that blatantly contravened the law would amount to a misuse of the legal process if the trial were to proceed based on flawed charges.

He further contended that Muhyiddin’s entitlement to a fair trial under Article 5 of the Federal Constitution was compromised during the process due to the defective charges leveled against him.

Muhyiddin’s defense attorney, Datuk Hisyam Teh Poh Teik, underscored the glaring deficiencies in the charges against his client and expressed appreciation to the judge for acknowledging their arguments.

He also noted that the other three charges related to money laundering would not stand independently and would be similarly dismissed, as they relied on predicate offenses that were nullified on Tuesday.

Muhyiddin claims charges were “politically motivated”

Speaking to the media at the Kuala Lumpur court complex lobby, Muhyiddin Muhyiddin expressed a sense of vindication following the High Court’s decision to absolve him of four abuse of power charges.

Muhyiddin emphasized that the allegations brought against him were driven by political motives right from the outset.

He maintained his stance that he had not engaged in any unlawful activities under the legal framework.

“I am thankful for what the judge has decided and I want to put on record that we will work hard to tell the public of the attempts by certain parties to smear me after it has been proven today (15 Aug) that the false allegations against me are therefore untrue and in violation of any existing law for them to be tried.”

“This is an abuse of court process by certain responsible parties as I have been informed this is unusual for similar cases tried in court,” Muhyiddin said.

Prosecutors to challenge court’s verdict

As reported by Malay Mail, the Attorney General’s Chambers (AGC) has officially announced its intention to contest the High Court’s verdict that led to the acquittal of Muhyiddin from the four abuse of power charges.

Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin stated that they have received directives to initiate an appeal later on Tuesday.

Furthermore, they plan to request a suspension of proceedings regarding Muhyiddin’s three outstanding money laundering charges at the Sessions Court while the appeal process unfolds.

Muhyiddin slapped with six counts of abuse of power, money laundering charges in connection to Covid fund misuse in March 2023

In March 2023, the Malaysian 8th Prime Minister faced charges on four separate occasions for allegedly exploiting his position as both the Prime Minister and the President of Bersatu.

He was accused of soliciting a total of 232.5 million ringgit ($51.4 million)  bribe from Bukhary Equity Sdn Bhd at the Prime Minister’s Department Complex in the Federal Government Administrative Centre, Putrajaya.

These incidents are said to have occurred between 8 to 25 February 2021.

These charges were formulated under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.

This section carries a potential sentence of up to 20 years in prison or a fine equivalent to five times the value of the money requested, or RM10,000, whichever is greater.

Additionally, he faced accusations on two counts of accepting RM195 million in funds, alleged to be proceeds from illegal activities.

These incidents were said to have taken place between 25 February and 16 July 2021, as well as between 8 February and 8 July of the previous year.

In April this year,  Muhyiddin filed a notice of motion to request that he be acquitted and discharged of all four charges brought against him, alleging the charges lacked particulars as to how he had abused his position or the Prime Minister’s Office for the purpose of gratification.

Muhyiddin has three remaining criminal charges under the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act that are pending at the Sessions Court.

From Najib’s right-hand man to Malaysia’s 8th PM

From 2009 to 2015, Muhyiddin served as Najib Razak’s right hand man, but was terminated from his position in 2015 after criticizing the government’s handling of the 1MDB scandal.

He then joined a party established by former premier Mahathir Mohamad and helped to overthrow Najib and his party, the United Malays National Organisation (UMNO).

Following the “Sheraton Move” in 2020, Muhyiddin led BERSATU departed from the Pakatan Harapan(PH) coalition and joined forces with Barisan Nasional (BN) and PAS to form a new government coalition, which appointed him as 8th Prime Minister.

Muhyiddin held the position for 17 months, from 2020 to 2021, during which his government introduced the Jana Wibawa program as a Covid-19 stimulus measure to assist Bumiputera contractors.

Incumbent Prime Minister Anwar Ibrahim accused the former government led by Muhyiddin of improperly disbursing billions of dollars in Covid relief funds.

Continue Reading
Click to comment
Subscribe
Notify of
0 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments

Civil Society

Three women to contest charges over pro-Palestinian procession outside Istana

Three Singaporean women, charged under the Public Order Act for organizing a pro-Palestinian procession on 2 February, will contest their charges at trial, a court heard on 18 September. About 70 people participated in the February event, carrying watermelon-adorned umbrellas as a symbol of Palestinian resistance while delivering letters to then-Prime Minister Lee Hsien Loong.

Published

on

SINGAPORE: Three Singaporean women charged in connection with a pro-Palestinian procession to the Istana will contest their charges at trial, a court heard on Wednesday (18 September).

The defendants are Annamalai Kokila Parvathi, 35, an activist with the Transformative Justice Collective (TJC); Siti Amirah Mohamed Asrori, 29, a social media influencer; and Mossamad Sobikun Nahar, 25, a community worker.

They were charged in June under the Public Order Act for organizing an unpermitted procession on 2 February.

During the court hearing on Wednesday, the trio, through their lawyer, indicated their intention to contest the charges and claim trial.

Siti Amirah and Mossamad are accused of organizing the procession that occurred between 2pm and 3pm along the perimeter of the Istana, a restricted area.

Kokila is charged with abetting the conspiracy by collaborating with Siti, Mossamad, Alysha Mohamed Rahmat Shah, Anystasha Mohamed Rahmat Shah, and other unnamed individuals to organize the event.

According to a previous police statement, around 70 people gathered outside a mall on Orchard Road at about 2pm on 2 February before marching towards the Istana.

They carried umbrellas painted with watermelon images, symbolizing support for Palestinians amidst the ongoing Israel- Palestinian conflict.

The watermelon, reflecting the colors of the Palestinian flag, has become a symbol of solidarity.

Social media posts indicate that participants of the Letters for Palestine event walked from Plaza Singapura to the Istana to deliver letters addressed to then-Prime Minister Lee Hsien Loong.

The cases have been adjourned to October for pre-trial conferences.

If convicted under the Public Order Act, the women face a potential penalty of up to six months’ imprisonment, a fine of up to S$10,000, or both.

The police have reiterated their call for the public to avoid actions that could disrupt peace, public order, and social harmony in Singapore.

They advised that while strong feelings about the Israel-Hamas conflict are understandable, lawful means of expression, such as participating in organized forums, dialogues, and donation drives, are preferable to illegal protests.

Continue Reading

Court Cases

New Silkroutes Group ex-director jailed for market rigging; Prosecutors label Goh Jin Hian as ‘mastermind’

Teo Thiam Chuan William, former finance director of New Silkroutes Group (NSG), was sentenced to 12 weeks in jail on 16 September for his involvement in a market rigging scheme. The prosecution labeled co-accused Goh Jin Hian, former CEO and son of ex-Prime Minister Goh Chok Tong, as the “mastermind” behind the conspiracy to inflate NSG’s share price from S$0.285 to S$0.50 in 2018.

Published

on

SINGAPORE: Teo Thiam Chuan William, the former finance director at New Silkroutes Group (NSG), has been sentenced to 12 weeks in jail on Monday (16 September) in court for his role in a market rigging scheme.

This sentencing marks the first revelation of case details as Teo is the first among four co-accused to plead guilty.

During sentencing argument, the prosecution has labeled former CEO Goh Jin Hian as the “mastermind” behind the scheme.

Teo, 55, pleaded guilty to six charges under the Securities and Futures Act for abetment by conspiracy over false trading and market rigging transactions.

Goh, the son of former Prime Minister Goh Chok Tong, is alleged to have led a conspiracy to inflate NSG’s share price from S$0.285 to S$0.50 in 2018.

NSG, an investment holding company listed on the Singapore Stock Exchange (SGX) since 2002, operates subsidiaries in oil trading, information technology, and healthcare.

As the finance director, Teo was responsible for managing the company’s accounts, overseeing funding, mergers, and acquisitions. He also controlled NSG’s corporate securities trading accounts and was authorized to conduct share buybacks.

The co-accused in the case include Oo Cheong Kwan Kelvyn, 53, who was the executive director and chief operating officer of NSG, and Huang Yiwen, 40, the sole director of the commercial market maker GTC Group.

Originally, NSG focused on oil trading, electronics, and IT product distribution.

In December 2016, the company expanded into healthcare by acquiring clinics and medical supply companies. These acquisitions were primarily financed through the issuance of NSG shares.

However, in 2017, NSG’s efforts to acquire additional companies and raise capital through private placements were hampered by a decline in its share price.

From January to May 2017, NSG’s share price fluctuated between S$0.70 and S$0.90. However, it dropped to approximately S$0.40 to S$0.50 in June and fell further to a low of S$0.285 in November.

On 29 November 2017, NSG applied to halt trading of its shares, which led to a trading suspension a few days later. During the suspension, which lasted until 25 February 2018, NSG entered into several corporate transactions involving potential new share issuances.

On 21 February 2018, NSG proposed a placement of over 11 million new shares at S$0.44 per share to an external investor, Dr Andrew Chua Soon Kian, aiming to raise S$5 million. This placement was completed in March 2018.

Additionally, in February 2018, NSG announced a memorandum of understanding with Mr Shen Yuyun to acquire two medical supply companies in Shanghai, planning to issue new shares at S$0.50 each for the S$65 million acquisition.

The same month, NSG also disclosed a memorandum of understanding with Haitong International Securities, where Haitong would subscribe to a S$5 million convertible bond issued by NSG. The bond, maturing in two years, would offer an annual interest rate of 5 percent.

Prosecution Alleges Complex Scheme to Manipulate NSG Share Prices Using Multiple Accounts

While trading was suspended, Teo and his three co-accused allegedly engaged in a scheme to artificially inflate the price of NSG securities, according to the prosecution.

The scheme, as outlined by the prosecution, employed three primary methods: using GTC’s trading account to place and execute orders for NSG securities, utilizing NSG’s share buyback accounts for similar trades, and leveraging Goh Jin Hian’s personal trading account for additional transactions.

As a commercial market maker registered with SGX, GTC was prohibited from manipulating share prices. Market makers are typically required to enhance trading liquidity by providing competitive bid-ask quotes continuously within an agreed-upon spread.

Despite this, Teo, Goh, and Oo are alleged to have hired GTC to artificially boost and maintain NSG’s share price, masquerading as legitimate market-making activities. This manipulation aimed to enhance investor confidence and facilitate the completion of announced corporate transactions, as well as support future share placements.

On 4 February 2018, Goh reportedly instructed Teo to find a market maker to support NSG’s share price. Subsequently, NSG engaged GTC between 21 and 28 February 2018.

Goh, Teo, and Oo allegedly set a target price of S$0.50 for GTC to achieve.

Over the course of six months, starting from late February 2018, the four men are said to have conducted the market-rigging scheme.

Goh and Co-Accused Allegedly Discussed Timing and Pricing for NSG Trades

They communicated via text messages and emails to coordinate their actions, including timing and pricing for NSG securities trades. For instance, Goh allegedly urged Teo to place bids at specific times and requested that GTC be reminded of their target price of S$0.50 in an email.

In a group chat, Goh is said to have suggested delaying GTC’s payment until the share price reached S$0.40 by May.

The trading suspension on NSG shares was lifted after the market closed on 25 Feb 2018. The following morning, Teo and his co-accused allegedly strategized to boost the opening share price of NSG to reach their target.

According to the prosecution, Huang used GTC’s trading account to place buy orders during the pre-market routine before trading officially began at 9 am.

On 26 Feb 2018, NSG shares opened at S$0.390, representing a 36.84 percent increase from the last traded price of S$0.285.

Teo and Huang continued to place orders and execute trades in early March 2018 to further artificially inflate the share price.

The prosecution sought a 12-week jail sentence for Teo, describing the scheme as “sophisticated, well-coordinated, and effective” in manipulating the price of NSG shares to facilitate corporate transactions. They emphasized that Teo played a “critical role” as finance director in the scheme.

The prosecution noted that the scale of the market rigging was significant, causing “great distortion” in the market for NSG securities.

Pre-Trial Conferences for Goh, Huang, and Oo Set for 26 September

On the 31 days covered by Teo’s charges, the trades and orders executed by Teo, Huang, and Goh accounted for 28.78 percent of the total market volume of buy trades.

Additionally, they set the intraday high on 11 trading days and increased the closing price of NSG securities on 22 trading days.

The prosecution argued that the scheme was a “concerted and successful effort” to make NSG shares appear more attractive than they would have under normal market conditions.

It was intended as a “quick and convenient way” to support NSG’s expansion and raise capital through new share issuances. The use of GTC was described as creating “a veneer of legitimacy” for their manipulative trades.

Although Goh was identified as the mastermind, prosecutors highlighted Teo’s important role as the main liaison between NSG and Huang.

Teo is set to begin his jail term on Wednesday (18 Sept).

The cases for Goh, Huang, and Oo are currently at the pre-trial conference stage, with the next session scheduled for 26 September. Court records indicate that Huang intends to plead guilty.

Continue Reading

Trending