PUTRAJAYA, Feb 9 — The Federal Court has remitted former prime minister Tan Sri Muhyiddin Yassin’s sedition case to the High Court for trial.
Heading a five-member bench, Court of Appeal President Datuk Seri Abu Bakar Jais said the defence is not prevented from raising the four legal questions concerning the Sedition Act in the course of the trial.
At this stage, the Federal Court declined to answer the four questions of law posed by the defence.
The decision followed submissions by Muhyiddin’s counsel Datuk Amer Hamzah Arshad, who informed the court that, after taking into account its views and receiving instructions from his client, the defence was of the opinion that there were “live issues” which could be raised before the High Court during trial.
He said the defence has therefore agreed to the case being remitted to the High Court for hearing and decision.
In explaining the court’s position, Justice Abu Bakar said that if the Federal Court were to decide the legal questions at this stage and the decision were unfavourable to the applicant, it would not benefit Muhyiddin, as such a ruling would bind the High Court.
Conversely, any decision by the High Court could be appealed to the Court of Appeal and, subsequently, to the Federal Court, preserving avenues of recourse for both the prosecution and the defence.
He added that if the Federal Court were to proceed with hearing and determining the questions of law now, there would be no further avenue of appeal for any party dissatisfied with its decision.
“The question is what is better for the accused. At this stage, should the High Court be required to follow what has already been decided by the Federal Court?
“Or is it better for the accused to allow the High Court, without being bound by the Federal Court, to determine these questions?” Justice Abu Bakar said, while noting that the trial has yet to begin and no witnesses have been called.
The other judges on the bench were Chief Judge of Malaya Datuk Seri Hashim Hamzah, and Federal Court judges Datuk Rhodzariah Bujang, Datuk Lee Swee Seng, and Datuk Mohd Nazlan Mohd Ghazali.
Among the questions raised was whether Section 4 of the Sedition Act 1948, read together with Section 3(3), constitutes an unreasonable restriction that conflicts with Article 10(1)(a) of the Federal Constitution, as well as whether Sections 3(2) read with Section 3(3) is unconstitutional for infringing a defendant’s right to a fair trial.
On February 4 last year, Muhyiddin, 78, pleaded not guilty in the High Court to charges of making seditious comments during the Nenggiri by-election campaign at Dewan Semai Bakti, Felda Perasu, between 10.30pm and 11.50pm on August 14, 2024.
The alleged seditious statements concerned claims that he was not invited by the Yang di-Pertuan Agong to be sworn in as prime minister after the 15th General Election, despite reportedly having the support of 115 out of 222 MPs at the time.
Muhyiddin is charged under Section 4(1)(b) of the Sedition Act 1948, punishable under Subsection 4(1) with a fine of up to RM5,000, or imprisonment of up to three years, or both. The case was initially listed at the Gua Musang Sessions Court in Kelantan on August 27, 2024, before being transferred to the High Court.
On August 28 last year, the High Court granted his application to refer the questions of law to the Federal Court.
Speaking to the media after the proceedings, Amer said that the case has been fixed for case management at the High Court tomorrow.
During today's proceedings, Muhyiddin was represented by lawyers Rosli Dahlan, Chetan Jethwani, Joshua Tay H’ng Foong, Lee Yee Woei, and Tan Jia Yearn. Deputy Public Prosecutors Saiful Hazmi Mohd Saad, Datuk Ahmad Sazali Omar, and Nadia Mohd Izhar appeared for the prosecution.
