KUALA LUMPUR (Sept 7): The High Court has acquitted both Kinabatangan Member of Parliament Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad in their graft case.

This comes after the court allowed the duo's revision application challenging Sessions Court judge Rozina Ayob’s order for them to enter their defence in their graft trial last year.

In delivering his decision on Thursday, High Court judge Datuk Azhar Abdul Hamid said that this was a fit and proper case for the court to exercise its revisionary power under Section 323 of the Criminal Procedure Code (CPC).

He set aside the prima facie ruling in the Sessions Court, and ruled for it to be substituted with an order of acquittal and discharge.

"This is a fit and proper case to exercise revisionary power under Section 323 of the CPC. After examining the records of proceedings, this court finds that there is no evidence that PW24 and PW25 (Public Mutual investment agent Madhi Abdul Hamid and Unit Amanah consultant Norhaili Ahmad Mokhtar) had given money to Bung Moktar through his wife.

"So the decision of the Sessions Court to call for defence was a miscarriage of justice. I hereby invoke Section 325 of the CPC to acquit and discharge [the accused]," the judge said in his ruling.

The couple were represented by M Athimulan and Datuk K Kumaraendran, while deputy public prosecutor Law Chin How appeared for the prosecution on Thursday.

When asked if the prosecution will appeal against the decision, Law said he would have to take instructions from his superiors.

Bung Moktar: My case and Zahid's DNAA not related

According to Section 323 of the CPC, a judge may call and examine the record of any proceeding before any lower criminal court to satisfy the judge as to the correctness, legality or propriety of any finding, sentence or order of that court.

Section 325 of the CPC, meanwhile, is regarding a judge's revisionary powers over a lower court's decision.

Speaking to the press after the decision, Bung Moktar said he is thankful for the acquittal ruling and grateful to his team of lawyers.

When asked, the Sabah Umno chief said his acquittal and Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi's discharge not amounting to acquittal (DNAA) on Monday are "not related".

He added that he and his wife had been battling their case for five years now, and that he was acquitted because the court found that the prosecution had failed to prove its case.

On July 7, the Court of Appeal remitted the couple’s application back to the High Court for its merits to be heard.

The couple were appealing against Azhar’s decision in December last year, where the judge allowed the prosecution’s preliminary objection that the couple’s mode of application — by way of a motion instead of a letter — was defective, and dismissed their application.

In early September 2022, Rozina ordered the duo to enter their defence, after finding that the prosecution had established a prima facie case involving RM2.8 million.

Addressing the alleged contradiction in the testimonies of Madhi and Norhaili, Rozina said that she looked at the evidence in totality, although both the prosecution witnesses' testimonies in the open court contradicted their statements given to the Malaysian Anti-Corruption Commission.

The Sessions Court judge added: "However, the court took note of the contradiction, and after examining the evidence of the two accused carefully, the court has accepted the other evidence of the 24th and 25th prosecution witnesses presented in this court."

The charges

According to the first charge, Bung Moktar, who was then the non-executive chairman of Felcra Bhd, had accepted bribes of RM2.2 million in cash from Madhi through Zizie.

For the second charge, Bung Moktar was accused of accepting bribes of RM262,500 in cash from Madhi for a similar purpose.

He was also accused of accepting a bribe of RM337,500 in cash from Norhaili.

All the offences were allegedly committed in June 2015. Meanwhile, Zizie faced three abetment charges.

Read also:
Bung Moktar and wife ordered to enter defence over Felcra graft charges
Bung Moktar and wife’s defence trial postponed
High Court ordered to re-hear Bung Moktar and wife’s appeal against decision for duo to enter defence in RM2.8m graft trial
July hearing for prosecution’s preliminary objection to Bung Moktar and Zizie Izette’s appeal
Bung Moktar, wife fail in bid to challenge Sessions Court decision for duo to enter defence in graft trial