The Federal Court today dismissed former Federal Land Development Authority (Felda) chairperson Isa Abdul Samad’s application for leave to review the decision of its previous panel in reinstating his corruption conviction, six-year prison sentence and RM15.45 million fine.
A three-member bench comprising Chief Judge of Sabah and Sarawak Azizah Nawawi and Federal Court judges Collin Lawrence Sequerah and Ravinthran N Paramaguru ruled that there had been no miscarriage of justice in the previous proceedings.
Delivering the unanimous decision, Azizah said Isa, through his legal counsel, had been given a full opportunity to present submissions on the merits of his defence as well as mitigation during the earlier Federal Court hearing.
“However, the applicant chose not to address those arguments and, as such, the earlier Federal Court panel had fairly exercised its appellate jurisdiction in accordance with Sections 86 and 92 of the Courts of Judicature Act 1964,” she said.
She explained that the previous Federal Court panel had the power to re-evaluate the evidence considered by both the High Court and the Court of Appeal before deciding to overturn the Court of Appeal’s ruling and restore the High Court's conviction and sentence.
Azizah said the applicant’s rights to appeal and to be heard had been fully respected, but he chose not to fully utilise the opportunity provided.
She noted that since both the conviction and sentence were under appeal, it was for the parties themselves to determine how they wished to present their cases.
“In this matter, the applicant’s counsel chose to focus on defending the Court of Appeal’s decision rather than addressing the merits of the defence before the Federal Court.
“Having taken that approach, the applicant cannot now claim that he was denied the right to be heard,” she said.
No restrictions
Azizah added that the record of proceedings showed the Federal Court had at no point restricted or prevented Isa from advancing arguments before reserving its decision.
Addressing the argument that Isa was denied the opportunity to mitigate before the Federal Court delivered its judgment, she said no procedural failure had occurred as the court was exercising appellate jurisdiction.
She said mitigation had already been addressed at the High Court stage and no further submissions were necessary, especially since the prosecution had not sought an enhancement of sentence.
She further noted that Isa did not raise any objection or request additional mitigation proceedings at the time and therefore could not later allege a denial of his right to be heard.
Isa, 76, is serving a six-year prison sentence after the Federal Court on Feb 10 this year allowed the prosecution’s appeal and reinstated his conviction, jail sentence and fine.
On Feb 3, 2021, the High Court found him guilty and sentenced him to six years’ imprisonment and a RM15.45 million fine, with an additional two years’ jail in default of payment.
However, on March 6, 2024, the Court of Appeal overturned the conviction and acquitted him on all nine corruption charges involving RM3 million linked to Felda Investment Corporation Sdn Bhd’s purchase of the Merdeka Palace Hotel & Suites in Kuching, Sarawak.
The former Negeri Sembilan menteri besar was accused of receiving RM3.09 million in bribes from then Gegasan Abadi Properties Sdn Bhd director Ikhwan Zaidel through his former special officer, Zahid Arip, as an inducement to approve the RM160 million acquisition of the hotel by Felda Investment Corporation Sdn Bhd.
Earlier, Isa’s counsel, Hisyam Teh Poh Teik, argued that his client had suffered a serious miscarriage of justice because the earlier Federal Court panel allegedly deliberated on the defence case without giving him an opportunity to respond on the merits of the defence.
Deputy public prosecutor Afzainizam Abdul Aziz, however, submitted that Isa’s legal team had been given the opportunity to address both the merits of the defence and mitigation but chose not to do so.
Following today’s decision, Isa’s remaining legal avenue is to seek a royal pardon from the Yang di-Pertuan Agong.
- Bernama
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