The Federal Court will decide on Monday whether to reinstate the corruption conviction of former Felda chairman Tan Sri Mohd Isa Samad, acquitted last year.
PUTRAJAYA: The Federal Court will deliver its verdict on Monday regarding the prosecution’s appeal against the acquittal of former Felda chairman Tan Sri Mohd Isa Samad. He was cleared of nine corruption charges involving RM3.09 million.
A three-member panel led by Judge Datuk Nordin Hassan fixed February 10 for the decision after hearing submissions. The bench required time to consider arguments and review the earlier Court of Appeal judgment.
The appeal challenges a March 2024 ruling that overturned Mohd Isa’s 2021 High Court conviction. He had been sentenced to six years’ jail and fined RM15.45 million for offences alleged to have occurred between 2014 and 2015.
The charges relate to allegedly accepting gratification from Ikhwan Zaidel, a director of Gegasan Abadi Properties Sdn Bhd. The money was purportedly an inducement for approving Felda’s RM160 million purchase of a Kuching hotel.
Deputy public prosecutor Afzainizam Abdul Aziz argued the prosecution had proven Mohd Isa accepted gratification on nine occasions. He characterised the case as one of being “innocently asked for, but corruptly received”.
The prosecutor submitted that evidence showed Mohd Isa indirectly instructed his former special officer to solicit a bribe. He argued the Court of Appeal erred in overturning the High Court’s judgment.
Afzainizam contended that locating the bribe money was not required to prove the charge. He urged the Federal Court to reinstate Mohd Isa’s conviction on all counts.
Defence counsel M M Athimulan countered that the Court of Appeal committed no legal error. He said the appellate court found no credible evidence Mohd Isa influenced the Felda board’s decision.
“This finding demolishes the prosecution’s case altogether,” Athimulan submitted. He argued the prosecution failed to prove the alleged act for which gratification was purportedly received.
The defence lawyer said the Court of Appeal correctly found the trial judge’s conclusion was speculative. The judge had deemed a request to convey “salam” as a coded demand for gratification.
