September date for whether Bung and wife must make their defence

 

Bung Moktar Radin and his wife Zizie Izette Abdul Samad are accused of corruption over a RM150 million Felcra investment in a unit trust. (Bernama pic)

KUALA LUMPUR: Kinabatangan MP Bung Moktar Radin and his wife Zizie Izette Abdul Samad will know on Sept 2 whether they are to make their defence against charges of corruption and abetment over a Felcra investment.

At the end of the prosecution’s case today, sessions court judge Rozina Ayob said she would prepare a judgment whether the two are to be acquitted or to enter their defence.

A defence lawyer urged the court to acquit Bung and Zizie, on the ground that two key witnesses had destroyed the prosecution’s case.

However the deputy public prosecutor said there was irresistible circumstantial evidence pointing to the accused having committed the offences.

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Defence counsel K Kumaraendran, representing Zizie, submitted that the testimony of two prosecution witnesses had destroyed the prosecution’s case.

The witnesses – Public Mutual investment agents, Madhi Abdul Hamid and Norhaili Ahmad Mokhtar – were regarded by the prosecution as hostile witnesses as their evidence in court and statements to the Malaysian Anti-Corruption Commission were inconsistent, he said.

The prosecution took the position that the two lied in court and could not be believed. Hostile witnesses were also not credible and their evidence should be rejected even though their testimonies were corroborated or otherwise, he submitted.

However, deputy public prosecutor Law Chin How, closing the prosecution’s case, said Madhi and Norhaili had been cross examined about their contradictions.

Although the defence wanted their entire evidence to be expunged, he said there was some key evidence that could be relied upon to ask the two accused to enter their defence.

Kumaraendran said there was no evidence tendered to show that Zizie had abetted Bung.

Bung’s lawyer, M Athimulan, said the prosecution failed to prove that his client received gratification, a key ingredient of the charge.

“There was also a material gap in the prosecution’s case. They could have called Zizie to give evidence,” he said, adding that the MACC Act allowed a co-accused to give evidence for the prosecution.

Athimulan said an adverse inference in favour of Bung should be drawn since a provision in the law was not used to fill the gap.

DPP Law, assisted by DPP Sophian Zakaria, said Bung, then Felcra chairman, had received the government’s approval to invest RM150 million in a Public Mutual unit trust, but it was Zizie who obtained the money from Madhi

He said the prosecution had proved its case and the two accused ought to enter their defence and answer the charges.

Bung, 64, was charged with two counts of receiving bribes amounting to RM2.2 million and RM262,500, as gratification to obtain Felcra’s approval to make a RM150 million investment in Public Mutual unit trust.

Bung is accused of receiving bribes from Madhi via Zizie at the Taman Melawati branch Public Bank here between 12.30pm and 5pm, on June 12, 2015.

Bung is also charged with receiving a RM337,500 cash bribe from Norhaili under the name of Zizie for the same reason and at the same place on June 19, 2015 while Bung’s wife Zizie, 44, faces three charges of abetting her husband in the matter at the same place, date and time. - FMT