Court orders Bung Moktar, wife to enter defence over RM2.8m bribe

The Kuala Lumpur Sessions Court ruled that Kinabatangan MP Bung Moktar Radin and his wife Zizie Izette Abdul Samad have to answer corruption charges totalling RM2.8 million over unit trust investments.

Judge Rozina Ayob this afternoon said that the prosecution succeeded in establishing a prima facie case against the married couple.

With today’s ruling, the two accused have to enter their defence in the graft case during further trial later.

Bung (above, centre), 64, faces three charges of accepting bribes amounting to RM2.8 million to obtain approval for Felcra Berhad to invest RM150 million in Public Mutual unit trusts.

Zizie (above, right), 44, was charged with three counts of abetting her husband in the matter.

During open-court proceedings today, Rozina ruled that the contradiction in the testimony of the 24th and 25th prosecution witnesses was not material and had no effect on the charges faced by the couple.

The 24th witness was Public Mutual agent Madhi Abdul Hamid, while the 25th witness was unit trust consultant Norhaili Ahmad Mokhtar.

Rozina said after considering the overall testimonies of both material witnesses as well as other evidence and oral and written submissions from the prosecution and defence, the court found the prosecutors succeeded in proving prima facie the elements of the charges against Bung and Zizie.

The judge said it is the prosecution’s case that the RM2.8 million was obtained by Bung with the abetment by his wife.

Rozina said the presumption under Section 50 of the MACC Act is applicable, namely that the RM2.8 million was inducement linked to Bung’s principal role which was to get the approval of finance minister II for Felcra Berhad to invest RM150 million in a unit trust product.

Three options for the accused

“Now, there are three options (for the two accused). First, remain silent. Secondly, to give an unsworn statement from the dock, and thirdly to give a statement under oath (from the witness stand),” Rozina told the couple who was in the dock.

Under the law, the prosecution is not allowed to cross-examine an unsworn statement by the accused, but at the same time, the judge is usually not inclined to give much weight to such a statement from the dock.

In regard to the third option, the court is more inclined to give more weight to an accused's sworn statement, which at the same time is open to being cross-examined by the prosecutors.

Defence counsel M Athimulan then informed that both accused are opting for the third option, namely to give a sworn statement from the witness stand.

The lawyer also said the couple will be calling 10 witnesses, including themselves.

The court then set 14 days from Sept 23 for the defence-stage trial of Bung and Zizie.

The other trial dates are Sept 26, Oct 14 and 28, Nov 21 and 30, Dec 1 and 7, as well as next year's dates on Jan 3 and Jan 9 to 13.

The defence team also includes K Kumaraendran.

The prosecution is headed by deputy public prosecutor Faridz Gohim Abdullah.

The charges

On May 17 this year, the prosecution closed its case after calling 30 witnesses to testify at the trial that began on Jan 2, 2020.

Among the prosecution witnesses called to testify were former finance minister II Ahmad Husni Mohamad Hanadzlah, former Felcra Investments general manager Adnan Yusof, Felcra board member Habibah Suleiman, MACC assistant superintendent Norsharil Saharom, as well as Madhi and Norhaili.

On May 3, 2019, Bung claimed trial to three charges of accepting bribes amounting to RM2.8 million to obtain approval for Felcra Berhad to invest RM150 million in Public Mutual unit trusts.

According to the first charge, Bung, who was then the non-executive chairperson of Felcra, was accused of accepting bribes of RM2.2 million in cash from Madhi, through Zizie, at Public Bank's Taman Melawati branch in Kuala Lumpur between 12.30pm and 5pm on June 12, 2015.

For the second charge, Bung is accused of accepting a bribe of RM262,500 in cash from Madhi through the Public Islamic Treasures Growth Fund (PITGF) account number 044797816 registered in the name of Zizie, for a similar purpose.

Bung is also accused of accepting a bribe of RM337,500 in cash from Norhaili through the Public Ittikal Sequel Fund (Pitseq) account number 044797824 registered in Zizie’s name.

The latter two offences were allegedly committed at the same location at 12.16pm and 12.28pm on June 19, 2015.

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