KUALA LUMPUR: The Court of Appeal will deliver its decision tomorrow on the prosecution’s appeal against the acquittal of Kinabatangan Member of Parliament Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad from three corruption charges amounting to RM2.8 million.
The decision is expected to be announced by a three-judge panel of the Court of Appeal consisting of Justices Datuk Ahmad Zaidi Ibrahim, Datuk Mohamed Zaini Mazlan and Datuk Noorin Badaruddin at 9 am.
If the decision favours the prosecution, the case will be sent back to the Sessions Court here for the couple to defend themselves against the charges and if the panel rules otherwise, the couple will remain acquitted.
On Sept 18, 2023, the prosecution filed an appeal against the decision of High Court Judge Datuk Azhar Abdul Hamid on Sept 7, 2023, which acquitted the couple of the charges.
The High Court made the decision after allowing the application by Bung Moktar, 65, and Zizie Izette, 46, to review the Sessions Court’s ruling on Sept 2, 2022, which ordered them to defend themselves against the charges.
According to the first charge, Bung Moktar, who was then the Non-Executive Chairman of Felcra Berhad, was accused of corruptly obtaining a bribe of RM2.2 million from Public Mutual Berhad investment agent, Madhi Abdul Hamid, through the accused’s wife, Zizie Izette.
He was alleged to have committed the act as an inducement to secure approval from the then Finance Minister II for Felcra to invest RM150 million in Public Mutual’s unit trust products.
The offence was allegedly committed at Public Bank Berhad, Taman Melawati Branch, No. 262-265, Jalan Bandar 12, Taman Melawati here, between 12.30 pm and 5 pm, on June 12, 2015.
For the second charge, Bung Moktar was accused of corruptly obtaining a bribe of RM262,500 from the same individual, Madhi, through a Public Islamic Treasures Growth Fund (PITGF) account registered under Zizie Izette’s name for the same purpose.
Bung Moktar was also accused of corruptly obtaining a bribe of RM337,500 from Public Mutual Berhad investment agent, Norhaili Ahmad Mokhtar, through a Public Ittikal Sequel Fund (PITSEQ) account registered under Zizie Izette’s name for the same purpose.
Both offences were alleged to have been committed at the same location at 12.16 pm. and 12.28 pm on June 19, 2015.
The charges were framed under Subsection 17(a) of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act) and are punishable under Section 24(1) of the same Act, which provides for a prison term of up to 20 years and a fine of not less than five times the value of the bribe or RM10,000, whichever is higher, upon conviction.
Zizie Izette, who is also an actress, pleaded not guilty to three charges of abetting her husband in connection with the same matters at the same places, dates, and times, under Section 28(1)(c) of the MACC Act and punishable under Subsection 24(1) of the same Act, which carries a maximum prison term of 20 years and a fine of not less than five times the value of the bribe or RM10,000, whichever is higher, upon conviction.
