Bung's trial vacated due to restricted movement order over Covid-19

The corruption trial of Kinabatangan MP Bung Moktar Radin and his wife has been vacated from today and the whole of March following the government announcement of Covid-19 linked restricted movement order.

Kuala Lumpur Sessions Court judge Rozina Ayob allowed the application by the couple’s defence counsel K Kumaraendran during open-court proceedings this morning. 

DPP Mohamad Fadhly Mohd Zamry raised no objection to the application.

Yesterday, Prime Minister Muhyiddin Yassin announced the restricted movement as part of measures to contain the pandemic in Malaysia. 

During today’s proceedings, Kumaraendran informed the court that following the government’s partial restricted movement order which takes effect from tomorrow to March 31, his client Bung (above) needed to quickly fly back to Sabah and serve his constituency.

“He has a responsibility to his constituency and has to go back to Sabah, this is important,” Kumaraendran said, as a masked Bung and his wife Zizie Izette A Samad looked on from the dock.

The lawyer said the other unique ground for the adjournment application was that he and the other members of the defence team needed themselves to go back to their office in Penang and sort out the complications resulting from the government’s two-week restricted movement order.

“We have to get back to our office today to sort out several matters as tomorrow onwards, all offices (excluding essential services ones) will be shut down.

“We have clients we need to inform about these things (how the government order would affect their existing court cases),” Kumaraendran said.

Rozina then informed the prosecution and defence that the court is still waiting for further directive from the chief registrar (CR) on whether courts nationwide would be closed as part of the government order for restricted movement from tomorrow until March 31.

“The court has yet to receive direction from the CR’s office. We are still waiting and hope to get further instructions from between 11am or 12pm today,” she said.

The judge then directed for the prosecution to wrap up their examination-in-chief of the fifth prosecution witness, former Felcra board director Habibah Suleiman, before proceedings can adjourn for today.

After the brief examination-in-chief by DPP Fadhly, parties then went into Rozina’s chambers to obtain further dates for the trial after the government’s restriction order on March 31.

When met after the chamber matter, Fadhly confirmed that the court has vacated proceedings not only today but for the whole month of March.

The DPP said that the trial will resume from April 10, 17, 28 to 29, May 12 to 15, May 21, July 10, 20, 27 to 29, Aug 10 to 12, Aug 24 to 27, and Sept 1 to 3.

Meanwhile, earlier this morning, the normally sombre proceedings were injected with levity when Rozina noticed that Bung was wearing a face mask, and the judge asked the accused whether he was alright.

Rozina: Are you not well?

Bung: Coronavirus (tongue-in-cheek).

Rozina: If that is correct, I would have long ago called the ambulance.

The exchange elicited laughter from all those present in court.

Earlier at the lobby entrance of the Kuala Lumpur Court Complex at Jalan Duta, Kuala Lumpur around 9am, court staff and security guards were seen using devices to check the temperature of visitors and lawyers before they are allowed to enter.

Yesterday, Habibah testified, among others, that the then finance minister had recommended that Felcra invest RM150 million in Public Mutual’s unit trust, despite Felcra’s board initially only decided to invest RM50 million. 

Bung is on trial over three charges, with one charge accusing him of taking an RM2.2 million bribe from Public Mutual investment agent Madhi Abdul Hamid through Zizie.

He was accused of committing the offence as an inducement to obtain the finance minister’s (II) approval for Felcra to invest RM150 million in Public Mutual unit trust.

He purportedly committed the offence at Public Bank’s Taman Melawati branch at Jalan Bandar 12, Taman Melawati, Kuala Lumpur, between 12.30pm and 5pm on June 12, 2015.

In relation to the second charge, Bung was accused of receiving RM262,500 in bribes from Madhi, through Public Islamic Treasures Growth Fund account number 044797816 registered under Zizie’s name.

Bung is also facing a third charge of obtaining an RM337,500 bribe from Public Mutual investment agent, Norhaili Ahmad Mokhtar via Public Ittikal Sequel Fund account number 044797824 registered under Zizie’s name.

Both offences were allegedly perpetrated at the same location at 12.16pm and 12.28pm on June 19, 2015.

The three charges were framed under Sub-section 17(a) of the MACC Act, and Section 24(1) of the act specifies penalties of a jail term of up to 20 years, fine of at least five times the bribe amount or RM10,000, whichever is higher, if convicted.

Zizie is also on trial over three counts of abetting Bung in committing the offences.  - Mkini