Case Note: Jurisdiction and Inherent Review Powers in Mahiaddin Bin Md Yasin v. Public Prosecutor [2024] CLJU 1961

In a landmark judgment from the Court of Appeal, the case of Mahiaddin bin Md Yasin v. Public Prosecutor grappled with the critical issues of a review application, jurisdiction, and the scope of inherent powers vested in Malaysia’s courts. At the heart of this case was the power to review, strike out/quash and reinstate charges under the Malaysian Anti-Corruption Commission Act 2009 (MACC Act).

Background and Charges

The appellant, Mahiaddin bin Md Yasin, faced four counts of abuse of power under Section 23(1) of the MACC Act. The charges alleged that, as Prime Minister and President of Parti Pribumi Bersatu Malaysia (BERSATU), Mahiaddin misused his position to channel substantial funds to his political party from various entities; corporates and individual. Mahiaddin challenged these charges at the High Court to invoke its inherent powers to strike out/quash the charges, arguing that they failed to disclose a legal offence, as BERSATU could not be classified as an “associate” under the MACC Act.
After initially securing a discharge in the High Court, which ruled in Mahiaddin’s favor in 2023, the decision was later overturned by the Court of Appeal. Subsequently, Mahiaddin sought a review at the Court of Appeal, alleging that the earlier Court of Appeal Panel had acted beyond its jurisdiction.

Key Legal Issues

1. Jurisdictional Limits on Review: Mahiaddin’s counsel argued that the Court of Appeal lacked the jurisdiction to review the High Court’s original decision to strike out/quash the charges, as the High Court’s decision was neither appellate nor revisionary. The primary question was whether the High Court’s inherent powers in striking out and quashing the criminal charges against Mahiaddin constituted an exercise of its original, appellate, or revisionary jurisdiction.
   
   
2. The Extent of Inherent Powers: The Court of Appeal examined whether it possessed inherent jurisdiction to review an acquittal decision. Malaysian law, alongside influential case law such as Chu Tak Fai v. Public Prosecutor and Ramanathan Chelliah v. PP, affirms that appellate courts hold residual jurisdiction, particularly in cases where manifest injustice or jurisdictional overreach is suspected.
   
   

Court’s Analysis

The Court of Appeal found that it did indeed have jurisdiction to hear appeals from any decision made by the High Court in the exercise of its revisionary jurisdiction over the decisions of the subordinate courts’. The judgment emphasised that the High Court acted in its revisionary not original or appellate, jurisdiction when it quashed the charges, making the Court of Appeal’s intervention appropriate under Section 50(1)(b) of the Courts of Judicature Act 1964 (CJA 1964). Relying on the doctrine of harmonious construction, the Court interpreted the CJA to ensure procedural fairness without granting the High Court unchecked authority to quash charges unappealable. This is to avoid any ambiguity or absurdity in the application of law.

Implications

This decision underscored the Court of Appeal’s authority to exercise inherent jurisdiction in cases where lower courts may have exceeded their statutory powers. The case affirms that statutory jurisdiction cannot be waived or conferred by consent if it does not exist, thus protecting judicial integrity. Additionally, it clarifies that Malaysia’s appellate courts are empowered to correct lower court decisions that risk undermining the administration of justice.

Conclusion

The Mahiaddin v. Public Prosecutor judgment reaffirms the Malaysian judiciary’s commitment to procedural safeguards and balanced jurisdiction. By confirming its review powers, the Court of Appeal demonstrated its role as a check against possible overreach, reinforcing the accountability of all levels of the judiciary in upholding justice.

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