Bung, wife succeed in RM28m corruption case revision bid

Deputy Sabah Chief Minister Bung Moktar Radin and his wife Zizie Izette Abdul Samad get another opportunity in their criminal revision bid against an order for them to enter their defence in an RM2.8 million corruption case.

The Court of Appeal’s three-person bench led by Hadhariah Syed Ismail unanimously allowed the couple’s appeal for the High Court in Kuala Lumpur to hear the merits of their criminal revision application against a ruling by the Sessions Court in Kuala Lumpur.

The other two members of the bench are Azman Abdullah and Azmi Ariffin.

Hadhariah ruled that Section 35(1) of the Courts of Judicature Act 1964 empowers the High Court to call up or hear an application by an interested party in relation to an ongoing subordinate court case, such as the Sessions Court.

She noted that contrary to the prosecution’s contention, the provision does not provide a specific mode of making such criminal revision applications. This is different than the decision of the High Court in Kuala Lumpur last year which dismissed Bung and Zizie’s revision application on grounds of wrong mode for the bid.

“After reading Section 35, it is clear to us that there is no specific mode mentioned of how revision can be done.

“So, it can be done by the (High) Court on its own motion by reading the newspaper, calling for the file (from the subordinate court), or at the instance of any party or person interested at any stage of the proceeding, with the application here (by Bung and Zizie) made at the prima facie stage (of the corruption trial).

“Upon the application made, it is the duty of the High Court to consider the merits of the application which was not done in this case,” Hadhariah said, ordering the High Court to hear the merits of the couple’s criminal revision application.

On Sept 2 last year, Sessions Court trial judge Rozina Ayob ruled that the prosecution succeeded in proving a prima facie (answerable) case against Bung and Zizie, and ordered the duo to enter their defence over corruption charges totalling RM2.8 million over unit trust investments.

Later on Sept 23, the High Court allowed the couple’s application to stay the defence stage of the trial before the lower court, pending disposal of their revision application to quash Rozina’s ruling.

However, the prosecution raised a preliminary objection over the couple’s mode of revision, and High Court judge Azhar Abdul Hamid agreed with this before dismissing the revision bid by Bung and Zizie on Dec 9. The couple’s appeal at the Court of Appeal is over this ruling by Azhar.

Azhar had also allowed the couple’s application to stay the trial before the lower court, pending disposal of their appeal before the Court of Appeal.

30 witnesses testified

On May 17 last year, the prosecution closed its case after calling 30 witnesses to testify at the lower court 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, Public Mutual agent Madhi Abdul Hamid and unit trust consultant Norhaili Ahmad Mokhtar.

Back 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.

Zizie was also charged with receiving RM337,500 in cash from Norhaili, under the name of Zizie Izette for the same reason and place on June 19, 2015, while Zizie is facing three charges of abetting her husband over the matter at the same place, date and time.

Bung and Zizie are represented by counsel M Athimulan and K Kumaraendran while deputy public prosecutor Law Chin How represented the prosecution.

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Prosecution to object Bung, wife’s review bid in RM2.8m corruption case