Acquittal quashed, Bung and wife ordered to answer corruption case

Kinabatangan MP Bung Moktar Radin and his wife Zizie Izette Abdul Samad's acquittal in an RM2.8 million corruption case has been nullified.

The Court of Appeal this morning allowed the prosecution's appeal for the couple to be ordered to enter defence in the criminal case linked to unit trust investments.

The Kuala Lumpur High Court on Sept 7 last year allowed the couple’s bid to quash a lower court ruling for them to answer the charges.

On Sept 2, 2022, the Kuala Lumpur Sessions Court ruled the prosecution succeeded in proving a prima facie (answerable) case against Bung and Zizie.

Reading out the unanimous ruling of the three-person appellate bench today, member judge Mohamed Zaini Mazlan said that the High Court had erred because prima facie verdicts cannot be revised.

Speaking on behalf of appeal bench chairperson Ahmad Zaidi Ibrahim and member Noorin Badaruddin, Zaini said a trial court's prima facie ruling does not constitute a final resolution in an accused's right to defend himself or herself.

Zaini said the due process of criminal trial must continue so that the accused can present their defence.

He noted that the right to a fair trial applies equally to both the prosecution as well as defence.

"(Revising a) Prima facie ruling would disrupt fair trial where the trial court had to accede to postponement for a party to appeal the (prima facie) order.

"This would disrupt the progress of the trial and waste precious judicial time as well as public expense, and must be stopped," Zaini said.

He noted that a mandatory part of Section 173 of the Criminal Procedure Code stated that any prima facie finding has the wording that the trial court 'shall call upon the accused to enter his defence'.

Zaini pointed out that Bung and Zizie's application before the High Court was an interlocutory appeal masquerading as a revision application, and the resulting acquittal ruling was premature.

He noted that the High Court ruling was also defective as it was based on the Sessions Court's prima facie ruling, which itself was brief and did not contain comprehensive reasoning.

Zaini said the trial court has no obligation to give any reasons for the prima facie ruling, and that such obligation only arises at the end of the trial when the lower court either acquits or convicts the accused.

"There was insufficient material in her (Sessions Court judge) brief oral ruling for the learned High Court judge to revise, assuming that His Lordship has the powers to do so," Zaini said.

The appeal judge then ordered the defence stage of the trial against Bung and Zizie to resume before the Sessions Court without further delay.

The case will be mentioned before the trial court on Dec 5.

Bung and Zizie’s charges

Bung was facing three charges of accepting bribes amounting to RM2.8 million to obtain approval for Felcra Bhd to invest RM150 million in Public Mutual unit trusts.

According to the first charge, Bung, who was then-Felcra non-executive chairperson, was accused of accepting bribes of RM2.2 million in cash from Public Mutual agent Madhi Abdul Hamid, via Zizie.

The offence allegedly took place at the Public Bank Taman Melawati branch in Kuala Lumpur between 12.30pm and 5pm on June 12, 2015.

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

The Sabah Umno chief was also accused of accepting a bribe of RM337,500 in cash from unit trust consultant Norhaili Ahmad Mokhtar, through the Public Ittikal Sequel Fund account number 044797824 registered in Zizie’s name.

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

Zizie was facing three charges of abetting her husband at the same place, date, and time.

She was also charged with receiving RM337,500 in cash from Norhaili for the same reason and place on June 19, 2015.

The couple was first charged in 2019, and the Sessions Court ordered the duo to enter their defence.

However, the High Court ruled the lower court had erred and granted the couple a full acquittal last year.

Deputy public prosecutor Low Chin How led the prosecution while lawyers M Athimulan and K Kumaraendran represented the couple.

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