PUTRAJAYA (July 29): The prosecution’s appeal on Kinabatangan Member of Parliament (MP) Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad’s acquittal in their graft case, involving RM2.8 million related to a Felcra Bhd investment, will now be heard in October this year. 

The matter was set for hearing on Monday; however, the court was informed that Bung Moktar’s defence counsel M Athimulan was unwell due to a heart-related condition. 

Datuk Seri K Kumaraendran, who appeared for Zizie Izette, informed the court that Athimulan has been ill for some time now and is recovering while awaiting treatment. 

Kumaraendran sought an adjournment, as he told the court that Athimulan’s submissions would cover both Zizie Izette and Bung Moktar’s case. 

Deputy Public Prosecutor Law Chin How told the court that the prosecution had no objections to the postponement. Speaking to reporters after the matter, Law also said that the prosecution was ready to proceed with their appeal on Monday. 

The Court of Appeal (COA) panel, chaired by Datuk Ahmad Zaidi Ibrahim, said that although parties had asked for a November hearing date, it was too long a wait, considering that the lower court is in limbo, waiting on the appellate court’s decision. 

COA judges Datuk Hashim Hamzah and Mohamed Zaini Mazlan were the other two on the panel. 

The matter has been set for Oct 9 instead. 

In September 2022, Sessions Court judge Rozina Ayob ordered the husband and wife pair to enter their defence, as the prosecution had established a prima-facie case. 

The two then filed a revision application, for which High Court judge Datuk Azhar Abdul Hamid overturned the lower court’s decision, acquitting and discharging the couple.

In his decision, Azhar had said there was no evidence that Public Mutual investment agent Madhi Abdul Hamid and Unit Amanah consultant Norhaili Ahmad Mokhtar, the two star witnesses in the trial, had given money to Bung Moktar through his wife.

In May 2019, Bung Moktar, who was then the non-executive chairman of Felcra, was charged with accepting bribes of RM2.2 million and RM262,500 from Madhi, and RM337,500 from Norhaili, through Zizie Izette, as gratification to obtain Felcra’s approval to make a RM150 million investment in the Public Mutual unit trust. Zizie Izette faced three abetment charges for the offences committed in 2015. 

Both prosecution witnesses had given evidence in court which contradicted their statements given to the Malaysian Anti-Corruption Commission (MACC). Addressing this in her decision, Rozina said she had looked at the evidence before her in its totality. 

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