Former Felda chairman Tan Sri Mohd Isa Abdul Samad arrived at Kuala Lumpur High Court Complex for decision at the end of prosecution's case against Tan Sri Isa Samad involving a criminal breach of trust (CBT) charge and nine corruption charges involving RM3 million. -MUHAMAD SHAHRIL ROSLI/The Star
KUALA LUMPUR: The High Court here has ordered former Felda chairman Tan Sri Mohd Isa Abdul Samad to enter his defence on nine charges of graft involving RM3mil over the purchase of a hotel in Sarawak.
The court, however, acquitted him of the single criminal breach of trust (CBT) charge he faced involving the same hotel after finding the prosecution had failed to prove prima facie.
In respect of the nine charges, Justice Mohd Nazlan Mohd Ghazali said he was satisfied that there was “credible evidence” against Mohd Isa.
He said there was sufficient evidence to establish the ingredients of receiving gratification, including a series of cash withdrawals, which went through three individuals before the cash was handed over to Mohd Isa’s special officer who, in the end, passed it to him, as stated in all nine charges.
“In view of the evidence of the receipt of the cash by the accused, I therefore invoke the statutory presumption under Section 50 of the MACC Act for the defence to rebut and show that the gratification in the form of the cash was not received corruptly and that it was not obtained as a reward for the accused’s involvement in the approval by the board of Felda Investment Corp (FIC) Sdn Bhd of the purchase of Merdeka Palace Hotel, ” Justice Nazlan said here on Tuesday (June 16).
On the single CBT charge, Justice Nazlan said an FIC board meeting minute in 2014 clearly showed that the purchase of Merdeka Palace Hotel at RM160mil was, in fact, approved by the board of directors and this fact was not disputed.
“As such, even if the accused as a director of FIC may have been entrusted with the funds of the company, he cannot under the law be said to have committed CBT on the disposal of company funds for the purchase of the hotel, ” he said.
This was because not only did the accused alone as FIC chairman or director not have the requisite authority to approve the purchase, but more importantly the purchase was approved by the entire board consisting of seven directors, the judge said.
“On this ground alone, the CBT charge cannot be sustained, ” he added.
The court also found a lack of evidence of the accused having influenced or asked the other members of the FIC board to approve said purchase.
“At any rate, criminal liability under CBT cannot be founded on the disposal of company funds by FIC to finance the purchase of Merdeka Palace Hotel without the approval of Felda if the payment for the said purchase has been consented to by Felda, ” Justice Nazlan said.
He said that upon maximum evaluation of the evidence, the court found that the prosecution had failed to establish a prima facie case in relation to the CBT charge and ordered for the discharge and acquittal of the accused.
Justice Nazlan, however, called for the accused to enter his defence for the nine charges under Section 16 (a) (A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 as a prima facie case had been made out against him.
Mohd Isa then told the court that he chose to testify under oath in his defence trial.
The defence trial is fixed for a three-day hearing starting Aug 17.
On Dec 14,2018, Mohd Isa claimed trial at a Sessions Court here to a charge of criminal breach of trust and nine counts of receiving graft involving more than RM3mil.
According to the first charge, the former Umno vice-president committed CBT by approving the purchase of Merdeka Palace & Suites Hotel without the approval from the Felda board of directors on April 29,2014.
The offence under Section 409 of the Penal Code carries a jail term of between two and 20 years, whipping and a possible fine upon conviction.
Mohd Isa was also charged with receiving bribes of RM100,000; RM140,000; RM300,000; RM250,000; RM500,000; RM500,000; RM300,000; 500,000; and RM500,000 totalling RM3.09mil from Gagasan Abadi Properties Sdn Bhd director Ikhwan Zaidel between July 2014 and December 2015.
He is said to have committed the offences at level 49, Menara Felda, Platinum Park, No. 11, Persiaran KLCC near here.
The charges under Section 16(a)(A) of the MACC Act 2009 carries a jail term of up to 20 years and a fine of not less than five times the value of the bribe for each charge, if found guilty.
ANN
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