Isa called to enter defence on nine graft charges, acquitted on CBT
Former Felda chairperson Mohd Isa Abdul Samad was called to enter his defence over nine corruption charges totalling more than RM3 million in connection with the purchase of the Merdeka Palace Hotel and Suites in Kuching, Sarawak.
The court, however, acquitted Isa (above) on a single criminal breach of trust (CBT) charge...
Former Felda chairperson Mohd Isa Abdul Samad was called to enter his defence over nine corruption charges totalling more than RM3 million in connection with the purchase of the Merdeka Palace Hotel and Suites in Kuching, Sarawak.
The court, however, acquitted Isa (above) on a single criminal breach of trust (CBT) charge.
In his judgment, Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali said the prosecution had succeeded in establishing a prima facie case against Isa on the nine graft charges.
"I am satisfied (with the) sufficient credible evidence including, among others, the cash withdrawals of the shareholder agent appointed by Merdeka Palace and the delivery of cash on the nine occasions," Nazlan said.
He said the money was then handed over to Muhammad Zahid Mohd Arip, then a special officer of Isa, who finally gave the cash to the accused.
As for the single CBT charge, Nazlan said the prosecution failed to prove a prima facie case against Isa as it was the board of the Felda Investment Corporation (FIC) which approved the purchase of Merdeka Palace Hotel rather than Isa himself.
"The accused had never authorised the disposal of company funds for investment purposes thus the allegation in the charge that the accused approved the disposal of company funds cannot be established," he said.
"There is also lack of evidence that the accused having influenced or asked the other members of the board of FIC to approve the said purchase," added the judge.
Isa, 71, was charged with one count of CBT and nine counts of receiving bribes of more than RM3 million in connection with the purchase of the Merdeka Palace Hotel and Suites in Kuching, Sarawak, by Felda Investment Corporation Sdn Bhd.
He was charged under Section 16(a)(A) of the MACC Act for receiving the money from Ikhwan Zaidel, who is a board member of Gegasan Abadi Properties Sdn Bhd, through his former aide.
The offences were allegedly committed at the Felda Tower, Platinum Park, No 11, Persiaran KLCC, between April 29, 2014, and Dec 15, 2015.
Each charge carries a jail term of not exceeding 20 years and a fine of at least five times the bribe amount, or RM10,000, whichever is higher, upon conviction.
He was also charged with criminal breach of trust (CBT) by approving a proposal for the purchase of the Merdeka Palace Hotel & Suites in Kuching, Sarawak, for RM160 million without the approval of the Felda board of directors.
Isa, who was clad in a dark blue coat, looked calm when judge made his ruling.
The court then set Aug 17 to 19 to hear Isa's defence proceedings.
When met outside the courtroom, Isa said: "I have chosen to testify (in my defence proceedings) under oath."
Defence counsel Salehuddin Saidin said his client had three options for his the defence proceedings.
"He chooses to testify under oath. This would also mean that he is ready to be examined by the prosecutors," he said.
"As such, he needs to testify on the date set by the court for the purpose to rebut all perceptions that he received gratification as stated in the charge sheet," said Salehuddin.
Meanwhile, deputy public prosecutor Afzainizam Abdul Aziz said the prosecution would wait for instructions from the attorney-general relating to the acquittal of Isa from the CBT charge.
