PUTRAJAYA: The Court of Appeal set this Nov 18 to decide on the prosecution’s appeal against the acquittal of Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad on three charges of corruption amounting to RM2.8 million.
A panel of three judges chaired by Judge Datuk Ahmad Zaidi Ibrahim set the date after examining the written submissions and hearing the oral submissions by lawyers Datuk Seri K. Kumaraendran and M. Athimulan representing Bung Moktar and Zizie Izette, respectively, and Deputy Public Prosecutor (DPP) Maziah Mohaide.
“The court found that the written submissions filed are sufficient for us to analyse the appeal, so there is no need for any additional submissions as it will only prolong the case. The court sets Nov 18 for the decision.
“This case is a case of public interest and needs to be resolved immediately,“ said Judge Ahmad Zaidi sitting with Court of Appeal Judge Datuk Mohamed Zaini Mazlan and High Court Judge Datuk Noorin Badaruddin.
The Kinabatangan Member of Parliament and his wife were acquitted and discharged on Sept 7 last year after the High Court allowed their revision applications to overturn the Sept 2, 2022 decision by the Sessions Court’s ordering them to enter their defence on the corruption charges.
The prosecution filed its appeal on Sept 18.
Bung Moktar, who was then the non-executive chairman of Felcra, was charged on May 3, 2019, with two charges of accepting bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra approval to invest RM150 million in Public Mutual unit trusts.
He was alleged to have accepted the bribes from Public Mutual Berhad’s investment agent Madhi Abdul Hamid through Zizie Izette at Public Bank Taman Melawati Branch here between 12.30 pm and 5 pm on June 12, 2015.
Bung Moktar was also charged with receiving RM337,500 in cash from Unit Amanah consultant, Norhaili Ahmad Mokhtar, under the name of Zizie Izette for the same reason and place on June 19, 2015, while Zizie Izette was charged with three counts of abetting her husband over the matter at the same place, date and time.
Earlier, Maziah requested that today’s appeal hearing be postponed because DPP Law Chin How, who led the prosecution, could not be in court as he was unwell and tendered his medical certificate to the court.
“However, if the court still wants to proceed with the appeal, I have received instructions from the senior director of the legal and prosecution division to fully adopt the written submissions that were filed on June 20, 2024,“ she said.
Judge Ahmad Zaidi did not allow Maziah’s application, saying that written submissions by the appellants were clear and covered consequential issues.
Meanwhile, Athimulan, representing Bung Moktar, submitted there was oral evidence given by two prosecution witnesses (SP24 and SP25) that denied Bung Moktar having received nor asked for the RM2.8 million, which was of his corruption charges.
He said the Sessions Court judge, in calling for Bung Moktar and Zizie Izette to enter their defence against the charges in 2022, was incorrect, perverse and caused great injustice to both the accused.
“There is no evidence that Bung Moktar had received or asked for the money. If he were to remain silent, then he would be prosecuted. If he took the stand and said (under oath) that he did not take or ask for the money, this would then amount to bare denial.
“The decision of the Sessions Court Judge to put the respondents to enter their defence was grossly irregular and caused a miscarriage of justice in that no prima facie case shown to have been made by the prosecution as shown by the evidence on record in the Sessions Court to warrant the applicant making a defence to charges preferred against him or her,“ he said.
Kumaraendran, representing Zizie Izette, told the court that he adopted the submission by Athimulan.
