Prosecution argues Court of Appeal wrong to acquit ex-Felda chair

The prosecution has listed 24 grounds in its petition of appeal on why the Court of Appeal erred in acquitting former Felda chairperson Isa Abdul Samad of nine corruption charges.

In the petition filed at the Federal Court on June 26, the prosecution sought to reinstate the High Court’s 2012 decision, which found Isa guilty and sentenced him to six years’ imprisonment and a fine of RM15.45 million, in default 18 years in prison.

A check on the court’s e-filing system showed that the case management has been scheduled for this Monday.

In the petition of appeal, the prosecution argued that the Court of Appeal erred in law in overturning the High Court’s findings, which established that Isa (above) instructed his former special political officer, Zahid Arip, to solicit bribes from Gegasan Abadi Properties Sdn Bhd board member Ikhwan Zaidel.

The prosecution contended it presented evidence that, following two meetings, Isa indirectly instructed Zahid to solicit bribes from Ikhwan, and that Zahid acted on instruction and handed over the bribes in stages to Isa.

The prosecution also said the Court of Appeal was wrong in law in finding there was evidence from Ikhwan indicating that Isa never requested gratification from him in the two meetings with him in his office.

“The judges of the Court of Appeal erred in law and in fact when they disturbed the factual finding made by the High Court judge that Isa had instructed Zahid to request and receive bribes from Ikhwan indirectly when the respondent (Isa) uttered the words “If they give anything later, you just take it” (kalau diorang bagi apa-apa nanti kau ambil lah) to Zahid,” it said in its petition of appeal.

The prosecution said Zahid, who was one of the prosecution’s witnesses, had understood the words to mean that anything given by Ikhwan should be accepted by him on behalf of Isa.

It said the Court of Appeal made a contrary finding that the statement could not, in a literal sense, be interpreted as a specific request or directive to Zahid to solicit a bribe from Ikhwan.

The prosecution also argued that the Court of Appeal’s findings of fact were inconsistent with the factual findings made by the High Court, which were based on evidence adduced through Zahid and Ikhwan, both of whom were found to be credible witnesses.

According to the prosecution, Zahid’s testimony regarding the words spoken had a factual basis following a second meeting between Isa and Ikhwan, where Ikhwan had expressed gratitude for the approval of the purchase of the Merdeka Palace Hotel & Suites by Felda Investment Corporation Sdn Bhd (FICSB).

It said Isa also informed Zahid that Ikhwan told him he (Ikhwan) could assist Parti Bumiputera Bersatu Sarawak.

The prosecution said the statement made constituted a specific instruction from Isa to Zahid to request and receive bribes on his behalf from Ikhwan.

Acquittal of RM3m graft charges

On March 6 last year, the Court of Appeal three-member bench, comprising judges Ahmad Zaidi Ibrahim, Vazeer Alam Mydin Meera (now Federal Court judge), and SM Komathy Suppiah, acquitted and discharged Isa after allowing his appeal.

It overturned the Feb 3, 2021, decision by the High Court, which found Isa guilty of nine corruption charges, allegedly committed on the 49th floor of Menara Felda, Platinum Park, No 11 Persiaran KLCC, Kuala Lumpur between July 21, 2014, and Dec 11, 2015.

The prosecution filed its notice of appeal on March 7, last year.

The former Negeri Sembilan menteri besar was accused of dishonestly receiving gratification for himself, in cash totalling RM3,090,000 from Ikhwan, through Zahid, as gratification for helping to approve the purchase of the hotel by FICSB for RM160 million.

The charges were framed under Section 16(a)(A) of the MACC Act 2009, punishable under Section 24(1) of the same law, which provides 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.

- Bernama

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