'Order for Bung, wife to answer graft charges contrary to evidence in court'

The High Court ruled that the Sessions Court’s decision to order Kinabatangan MP Bung Moktar Radin and his wife Zizie Izette Abdul Samad to enter their defence on three corruption charges was contrary to the evidence in court that there were no requests of bribery.

Judge Azhar Abdul Hamid in his judgment dated April 20 said two prosecution star witnesses namely the 24th prosecution witness (PW24), Public Mutual Berhad's investment agent Madhi Abdul Hamid and PW25 Unit Amanah consultant, Norhaili Ahmad Mokhtar clearly stated in their oral evidence in court that no element of gratification exists in the case.

"PW24 when cross-examination by the prosecution denied that the RM2.8 million paid to the second accused (Zizie) at Public Bank Taman Melawati was meant for the first accused (Bung).

"PW25 also confirmed that no element of gratification nor request for such, existed in this case as there was no such request from either accused. She also confirmed that the money (RM2.8 million) paid to the second accused was an introduction fee," the judge said.

Azhar further said, that in the face of this evidence, the Sessions Court judge elected to accept the former statements of these two witnesses which were given to the MACC during the investigation.

"The Sessions Court judge determined that the oral evidence of these two witnesses do not give effect to the charges against both the accused," he added.

The judge also said the court believed that the basis of the Sessions Court judge finding a prime facie case having made out was incorrect and perverse, and caused great injustice to both the accused.

According to the judge, the court is of the view that this was a fit and proper case for this court to exercise its revisionary power.

"Both the applications are therefore allowed and the Sessions Court judgement was set aside and substituted with an order of acquittal and discharge without calling for them to enter their defence," he said.

Ordered to enter defence

Bung and Zizie were acquitted on Sept 7 last year after the High Court allowed their revision applications against the Sessions Court’s decision to order them to enter their defence on the corruption charges.

Following this, the prosecution filed an appeal on Sept 18, last year and the Court of Appeal has set July 29 to hear the appeal.

On Sept 2, 2022, the Sessions Court ordered the couple to enter their defence on all three corruption charges. This prompted them to file revision applications in the High Court against the Sessions Court’s ruling.

Bung, who was then the non-executive chairperson of Felcra, was charged on May 3, 2019, with two charges of accepting bribes of 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 Madhi through Zizie at the Public Bank Taman Melawati Branch between 12.30pm and 5pm on June 12, 2015.

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

- Bernama

Prosecutors appeal against Bung and wife's acquittal

Status of high-profile court cases involving politically linked personalities

Bung, wife acquitted of criminal charges in RM2.8m corruption case

Sept 7 hearing of Bung, wife’s bid in RM2.8m corruption case

Bung, wife succeed in RM28m corruption case revision bid

Court allows another stay on Bung, wife’s RM2.8m corruption trial