40 reasons why I should be freed in hotel sale graft case, Isa tells court

 

Isa Samad said the judge was more focused on the evidence of the prosecution, but failed to evaluate the witnesses when they were cross-examined.

PUTRAJAYA: Former Felda chairman Isa Samad has raised 40 grounds in his petition of appeal against his corruption conviction over the purchase of a hotel in Kuching in 2014.

Among the reasons raised were that trial judge Mohd Nazlan Mohd Ghazali had erred in his findings to call Isa to enter his defence and find him guilty at the end of the trial.

Isa said the judge also relied heavily on the evidence of his former political aide, Muhammad Zahid Md Arip, who he said had conspired with other individuals to share a RM3 million bribe.

On Feb 3 last year, Nazlan sentenced Isa to six years in prison and fined him RM15.4 million on nine counts of corruption involving RM3.09 million over Felda’s purchase of the hotel.

He sentenced Isa to six years’ imprisonment on each of the nine counts, with the jail terms to run concurrently.

However, he granted a stay of execution against the prison sentence and fine pending Isa’s appeal to the Court of Appeal.

Isa was freed on bail of RM1.5 million pending the outcome of his appeal.

Isa, who was the longest-serving Negeri Sembilan menteri besar (1982-2004) and a former federal minister, was accused of receiving RM3.09 million in kickbacks for approving the purchase of the hotel.

Felda Investment Corporation Sdn Bhd (FIC) paid RM160 million in 2014 for the purchase, which was reportedly at least 50% higher than the actual value of the property.

In his petition filed by Messrs Salehuddin Saidin & Associates last November and sighted by FMT, Isa said the trial judge erred in concluding that the defence witnesses had failed to create a doubt in the prosecution’s case.

“He also wrongly applied a lower burden of proof on prosecution witnesses but not on the defence,” he said.

Isa said Nazlan erred in concluding the corrupt act was proven through Zahid’s testimony.

He added that former board member of Gegasan Abadi Properties Sdn Bhd Ikhwan Zaidel and shareholder and director of JV Evolution Sdn Bhd Azizi Abdul Wahab did not confirm giving money to Zahid.

“He was also wrong to conclude that Zahid and Ikhwan were credible witnesses when there were inconsistencies in their testimonies.”

Isa said the judge was more focused on the evidence of the prosecution but failed to evaluate the witnesses when they were cross-examined.

“He made a finding that Zahid is not an interested witness when this had been clearly shown through defence witnesses,” he added.

According to Isa, the judge speculated the sale went through to raise funds for the 2016 Sarawak state elections when it was not proven he was involved in the polls.

He said the judge also failed to consider that he was a truthful witness and instead, went on to hold that his defence was just an afterthought and bare denial.

In urging the Court of Appeal to set aside his conviction and sentence, Isa said the jail term and fine imposed were excessive.

A final case management will be held on March 2 to fix the date for the appeal hearing.

In his 400-page written judgment made available last August, Nazlan said graft is a serious crime as it had consequences for the people and the nation.

“Corruption disrupts economic growth and denies the right of the people to obtain efficient services. It is akin to cancer and weakens democracy and the rule of law,” he said.

Nazlan said the court had taken judicial notice that corruption was getting worse and rampant compared with the past. - FMT