Court frees Bung's widow from charges of abetting RM2.8m bribery

The Kuala Lumpur Sessions Court today acquitted and discharged Zizie Izette Abd Samad, the widow of former Kinabatangan MP Bung Moktar Radin, from three charges of abetting bribery.

She was charged with three counts of abetting Bung in receiving RM2.8 million in gratification to obtain Felcra Bhd’s approval to invest RM150 million in Public Mutual unit trusts.

Bung was charged together with Zizie in 2019. The charges against him were discontinued following his death on Dec 5 last year, but the charges against Zizie remained.

Judge Rosli Ahmad, in his verdict this morning, found that Zizie’s defence against all three charges has successfully raised reasonable doubt against the prosecution’s case.

Therefore, he adds, the prosecution failed to prove its case against her.

“The court is of the view that the accused’s defence is consistent and supported by her and the prosecution witnesses’ testimony.

“The accused did not act in collusion or conspiracy, and she had no knowledge regarding the (Felcra) investment,” he said, in delivering his decision at the end of the defence stage.

Zizie’s lawyers argued extensively in their written submission that the introduction fee did not constitute a bribe.

Addressing this matter, the judge noted that a previous Sessions Court had ruled that such a fee is a form of bribery at the end of the prosecution’s case.

“Based on this, the court finds that the previous judge has already adjudicated this issue. It would be inappropriate for this court to reconsider this matter, as doing so would amount to reviewing the previous judge’s decision,” he said.

Rosli added that the matter can be ventilated at a further appeal.

Principal offence

For the abetment charge against Zizie to stand, Rosli said the prosecution needed to establish the principal offence, which, in this case, meant it had to prove Bung had taken the bribe.

However, he noted that the court discharged and acquitted Bung following his death last December, leaving the prosecution unable to establish the element of abetment.

“Applying the legal principle established in (case laws), which held that if the principal offender is discharged and acquitted, the abettor charged with assisting the principal offender in committing the offence cannot be convicted of abetment either.”

Rosli had based significant parts of his decision on several cases of law, including the recent Federal Court’s decision in Muar MP Syed Saddiq Syed Abdul Rahman’s case.

“The recent Federal Court decision, in the case of Syed Saddiq, held that as the principal offence cannot stand, it must follow, as night the day,” he said.

The Federal Court freed Syed Saddiq of charges of criminal breach of trust, misappropriation of property and money laundering linked to funds from Bersatu Youth in a 2-1 majority decision on July 13.

After the judge finished reading his ruling, Zizie was heard sobbing in the court gallery.

Moving on

Zizie, beaming with gratitude and relief, thanked the court and her legal team led by senior lawyer K Kumaraendran, along with M Athimulan and Ridha Abdah Subri.

“Moving forward, I just want to live my life; I bear a huge responsibility. I have five children to care for, and I am a single mother now.

“Please let me live my life as usual… it has been seven years (since the case began) and Alhamdulillah, the final outcome is in our favour.

“I wish my late husband were here with me. I imagined him standing by my side when the verdict was read out.

“I’ve bottled my feelings up for the last seven years and Alhamdulillah, today I feel a profound sense of relief,” she said.

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