What legal error did the High Court make in discharging Muhyiddin?

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Court of Appeal Reinstates Abuse of Power Charges Against Muhyiddin, Citing High Court Errors

The Court of Appeal (CoA) has unanimously overturned the High Court's decision to discharge former prime minister Tan Sri Muhyiddin Yassin on four charges of abuse of power. A three-member CoA panel, led by Judge Datuk Hadhariah Syed Ismail, found that the High Court judge had erred in law by striking out these charges and in stating they did not disclose any offence known to law. The CoA also reinstated the charges, ordering the case to be remitted to the Sessions Court for further proceedings.
High Court Erred in Striking Out Charges

The Court of Appeal panel determined that the High Court judge made a legal error in striking out the four abuse of power charges against Tan Sri Muhyiddin Yassin. The appellate court agreed with the prosecution's argument that a political society, such as Bersatu, falls within the definition of an "associate" as stipulated under Section 3 of the Malaysian Anti-Corruption Commission (MACC) Act. This interpretation was crucial in establishing the validity of the charges.
Political Society Deemed an Associate Under MACC Act

The CoA panel accepted the prosecution's submission that a political society is included within the definition of an associate under Section 3 of the MACC Act. The court found that the ordinary meaning of "organisation" encompasses groups formed for a specific purpose, and thus, a society, including a political one like Bersatu, fits this definition. This finding directly contradicted the High Court's earlier reasoning.
Charges Found Clear and Unambiguous

Furthermore, the Court of Appeal ruled that the High Court judge erred in law by stating the four charges did not disclose any offence known to law. The CoA panel found the charges to be clear and unambiguous. Consequently, the court concluded that there was no necessity for the prosecution to provide further particulars on how the alleged offences were committed, deeming the existing charges sufficient.

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What legal error did the High Court make in discharging Muhyiddin?

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