Prosecution lists 7 reasons why Bung, wife should answer corruption charges

The Court of Appeal will on July 29 hear the prosecution’s appeal for Bung Moktar Radin and Zizie Izette Abdul Samad to enter their defence to corruption and abetment charges. (Bernama pic)

PETALING JAYA: The prosecution has listed seven reasons why Kinabatangan MP Bung Moktar Radin and his wife, Zizie Izette Abdul Samad should enter their defence to corruption and abetment charges over a RM150 million Felcra investment.

In its petition of appeal filed in the Court of Appeal last week, the prosecution said the High Court was wrong to acquit the couple.

It said trial judge Rozina Ayob had called for both accused to enter their defence after a maximum evaluation of the evidence before her.

The petition also said Justice Azhar Abdul Hamid of the Kuala Lumpur High Court was wrong to invoke his revisionary power to free Bung and Zizie without referring to the trial judge’s reasoning and evidence of prosecution witnesses Norhaili Mokhtar and Madhi Abdul Hamid.

It added that the High Court was also wrong to rely entirely on the trial judge’s oral ruling calling for the couple to enter defence, and should have waited for the entire trial to be completed.

The prosecution said the High Court also erred in acquitting Bung and his wife as Rozina did not say she was relying entirely on the evidence of Norhaili and Madhi to show that all the ingredients of the offences had been proven.

In acquitting the couple, the prosecution said the High Court also failed to consider the admissibility of hostile evidence elicited from Norhaili and Madhi.

“The prosecution prays for the High Court ruling to be set aside and that the order of the sessions court for the couple to answer the charges be restored,” it said.

In his 10-page judgment released two weeks ago, Azhar said he exercised his revisionary power to acquit Bung and Zizie as there was no basis for the trial judge to order the couple to enter their defence.

Azhar said he was of the opinion that the sessions court judge’s finding of a prima facie case was “incorrect”, “perverse”, and had caused “great injustice” to both the accused.

On Sept 2, 2022, Rozina ruled that the prosecution had proved all the ingredients of the charges against the duo and that the presumption of corruption under Section 50 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 had been triggered.

However, on Sept 7 last year, Azhar said the trial judge’s decision ran contrary to the evidence tendered in court by the prosecution.

“Both material witnesses for the prosecution, Norhaili and Madhi clearly stated in their oral evidence in court that no element of gratification existed in this case,” he said.

He said Norhaili had denied under cross-examination that what was stated in her written statements given during investigations had actually transpired.

“She also denied that the RM2.8 million paid to Zizie at Public Bank Taman Melawati was meant for Bung,” he said.

Azhar said Madhi had, in his evidence in court, also confirmed there was neither any element of gratification nor a request from either accused.

“He (Madhi) went on to confirm that the money (RM2.8 million) paid to Zizie was an introduction fee,” he said.

In the face of this evidence, Azhar said, Rozina was wrong to accept the previous statements which the two witnesses gave to the Malaysian Anti-Corruption Commission in the course of its investigation.

“The trial judge determined that the oral evidence of these two witnesses do not give effect to the charges against both the accused,” he said, adding that such contradictory evidence made their testimony completely untrustworthy.

The Court of Appeal has set July 29 to hear the prosecution’s appeal against the acquittal.