The prosecution will be filing a preliminary objection against the review application by Kinabatangan MP Bung Moktar Radin and his wife in the duo’s RM2.8 million graft case.
Deputy public prosecutor Faridz Gohim Abdullah Law Chin How told the Kuala Lumpur High Court that the papers will be filed later today.
Today’s proceeding before judicial commissioner Azhar Abdul Hamid is the mention of the married couple’s application to overturn a lower court’s decision for them to enter their defence in the corruption case involving funds from Felcra Berhad.
“We would like to raise a preliminary objection on the mode of revision. We submit that the mode of revision should not have been done by way of notice of motion under Sections 35 and 36 of the Courts of Judicature Act 1964 and Sections 325 and 326 of the Criminal Procedure Code,” Faridz Law said.
The prosecutor added that the mode was wrong as it takes away the discretionary power of the court on whether to hear the present matter or not, adding that they would furnish further details in the formal application when filed later.
In response, Bung’s counsel M Athimulan said that they need to first see the formal written preliminary objection to decide how to respond against it.
Lawyer K Kumaraendran, who represented Bung’s wife Zizie Izette Abdul Samad, concurred with Athimulan.
Azhar then fixed Nov 11 for mention to update the court on the status of the preliminary objection as well as the couple’s response against it.
On Sep 2, the Kuala Lumpur Sessions Court ruled that Bung and Zizie have to answer the corruption charges totalling RM2.8 million over unit trust investments.
Judge Rozina Ayob said the prosecution succeeded in establishing a prima facie case (a case that would stand if not successfully rebutted) against the couple.
She ruled that the contradiction in the testimony of the 24th and 25th prosecution witnesses was not material and had no effect on the charges faced by the couple.
The 24th witness was Public Mutual agent Madhi Abdul Hamid, while the 25th witness was unit trust consultant Norhaili Ahmad Mokhtar.
Rozina said after considering the overall testimonies of both material witnesses as well as other evidence and oral and written submissions from the prosecution and defence, the court found the prosecutors succeeded in proving prima facie the elements of the charges against Bung and Zizie.
However, the lower court judge allowed the duo’s application to temporarily postpone the defence stage of the trial, pending disposal of the review bid.
The charges
Bung, 64, faces three charges of accepting bribes amounting to RM2.8 million to obtain approval for Felcra to invest RM150 million in Public Mutual unit trusts.
Zizie, 44, was charged with three counts of abetting her husband in the matter.
On May 17 this year, the prosecution closed its case after calling 30 witnesses to testify at the trial that began on Jan 2, 2020.
Among the prosecution witnesses called to testify were former finance minister II Ahmad Husni Mohamad Hanadzlah, former Felcra Investments general manager Adnan Yusof, Felcra board member Habibah Suleiman, MACC assistant superintendent Norsharil Saharom, as well as Madhi and Norhaili.
On May 3, 2019, Bung claimed trial to three charges of accepting bribes amounting to RM2.8 million to obtain approval for Felcra to invest RM150 million in Public Mutual unit trusts.
According to the first charge, Bung, who was then the non-executive chairperson of Felcra, was accused of accepting bribes of RM2.2 million in cash from Madhi, through Zizie, at Public Bank's Taman Melawati branch in Kuala Lumpur between 12.30pm and 5pm on June 12, 2015.
For the second charge, Bung is accused of accepting a bribe of RM262,500 in cash from Madhi through the Public Islamic Treasures Growth Fund (PITGF) account number 044797816 registered in the name of Zizie, for a similar purpose.
Bung is also accused of accepting a bribe of RM337,500 in cash from Norhaili through the Public Ittikal Sequel Fund (Pitseq) account number 044797824 registered in Zizie’s name.
The latter two offences were allegedly committed at the same location at 12.16pm and 12.28pm on June 19, 2015. - Mkini
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