Letters | Malaysia’s Muhyiddin Yassin will have, and should wait for, his day in court
- Readers discuss the charges against Malaysia’s former prime minister, the US jury system, democratic development in Hong Kong, the theme of the financial secretary’s budget speech, and why companies struggle with hiring
The four charges are under Section 23 of the Malaysian Anti-Corruption Commission Act (MACCA), which makes it an offence for an officer of a public body to use his office or position for any gratification, whether for himself, his relative or associate.
The two main elements that must be proved are that the accused was an officer of a public body, and that the accused had used either his office or position for gratification for himself or his relative or his associate.
Under Section 3 of the act, “officer of a public body” includes a member of the administration, a member of parliament, and any person receiving any remuneration from public funds. Meanwhile, “gratification” includes donation and “associate” includes any organisation of which the person in charge or in control of.
For the purpose of proving that the accused had used his position for gratification whether for himself, his relative or associate, the prosecution can rely on the rebuttable statutory presumption under Section 23(2).