7-9-2023 (KUALA LUMPUR) The High Court has overturned a previous decision made by the Sessions Court, allowing Kinabatangan MP Datuk Seri Bung Moktar and his wife Datin Seri Zizie Izette Abdul Samad to avoid entering their defense in a corruption case involving RM2.8 million.
The decision was made by Judge Azhar Abdul Hamid, who ruled that the Session Court’s decision was a miscarriage of justice. The judge stated that there was no evidence to suggest that Bung Moktar had received money from prosecution witnesses (PW) 24 and 25 through his wife, and therefore, the decision to call for a defense was not supported by legal principles.
The case dates back to May 2019, when Bung Moktar was charged with two counts of accepting bribes totaling 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 and Unit Amanah consultant, Norhaili Ahmad Mokhtar, through his wife Zizie Izette.
Zizie Izette faced three charges of abetting her husband in the matter. The Sessions Court had earlier ordered the couple to enter their defense for the corruption charges, but they filed a revision application to challenge the decision. The Court of Appeal later remitted the revision application back to the High Court for the merits of the application to be heard.
During the revision proceedings, Bung’s lawyer, M. Athimulan, argued that the Sessions Court judge Rozina Ayob’s decision was against established law and was perverse as it was not supported by legal principles. Deputy Public Prosecutor Law Chin How, however, argued that Rozina’s ruling was not tainted with illegality, impropriety, or incorrectness to allow for the revision.
In his decision, Judge Azhar stated that it was a fit and proper case for the Court to exercise its revisionary power under Section 323 of the Criminal Procedure Code (CPC). The couple was visibly relieved upon hearing the verdict.
The prosecution has yet to decide whether they will file an appeal against the decision. The case highlights the importance of fairness and justice in the legal system, and the need for all parties to ensure that the principles of justice are upheld.
In a statement, Bung Moktar expressed his gratitude to the court and his legal team, stating that he was grateful that justice had been served. He maintained his innocence and stated that he was confident that he would be acquitted of all charges.
