HIGH COURT JUDGE ERRED IN ACQUITTING BUNG MOKTAR, WIFE - PROSECUTION

KUALA LUMPUR, May 8 (Bernama) -- The High Court judge who presided over the corruption case involving Datuk Seri Bung Moktar Radin and his wife, Datin Seri Zizie Izette Abdul Samad has committed errors in exercising the power of review, acquitting the couple from three RM2.8 million corruption charges related to Felcra Bhd investment, said the prosecution team in challenging the High Court’s decision.

The prosecution also listed six other arguments in the petition filed on May 3 at the Court of Appeal, obtained by the media today.

The prosecution also stated that Judge Datuk Azhar Abdul Hamid had erred in acquitting Bung Moktar and Zizie Izette (respondents) through the legal review process without referring to the grounds of judgment and proceeding records from Sessions Court judge on the testimonies provided by their 24th and 25th witnesses (Madhi Abdul Hamid and Norhaili Ahmad Mokhtar) during the trial.

bootstrap slideshow

“The judge also failed to consider that no miscarriage of justice occurred to the respondents as prima facie is not a conclusive decision for the alleged offences against the respondents,” read the petition.

The prosecution argued that the judge erred in terms of law and facts when deciding to acquit and discharge the respondents, even though it was not stated in the oral ruling of the Sessions Court that the prima facie decision was based solely on the testimonies of Madhi and Norhaili.

“The judge also erred in law by failing to consider the admissibility of partial hostile evidence provided by both witnesses,” according to the petition.

Previously, the Court of Appeal fixed July 29 to hear the prosecution’s appeal against the acquittal of Bung Moktar and Zizie Izette from the three corruption charges.

The Kinabatangan Member of Parliament and his wife were acquitted on Sept 7 last year after the High Court allowed their revision applications to overturn the Sept 2, 2022 Sessions Court’s ruling that had ordered 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.

Zizie Izette was charged with three counts of abetting her husband over the matter at the same place, date and time. 

-- BERNAMA