Prosecutors appeal against Bung and wife's acquittal

The prosecution has gone to the Court of Appeal to quash the acquittal of Kinabatangan MP Bung Moktar Radin and his wife Zizie Izette Abdul Samad in a corruption case involving RM2.8 million.

When contacted this afternoon, Zizie’s counsel K Kumaraendran confirmed that prosecutors have filed the notice of appeal.

The lawyer added that the Court of Appeal has yet to set a date for case management of the appeal against the Kuala Lumpur High Court decision on Sept 7.

On that date, judge Azhar Abdul Hamid allowed an application by the couple to quash an order for them to enter their defence in the corruption case.

The judge ruled that the Kuala Lumpur Sessions Court last year had erred in ordering the couple to enter their defence.

Azhar added that the lower court erred in its finding on the veracity of the two prosecution witnesses, 24th witness Public Mutual agent Madhi Abdul Hamid and 25th witness unit trust consultant Norhaili Ahmad Mokhtar.

On Sept 2 last year, Sessions Court judge Rozina Ayob ruled that the prosecution succeeded in proving a prima facie (answerable) case against Bung and Zizie, and ordered the duo to enter their defence over corruption charges over unit trust investments.

Malaysiakini is attempting to reach out to the prosecution over the appeal.

Accused of accepting bribes

On May 3, 2019, Bung claimed trial to three charges of accepting bribes amounting to RM2.8 million to obtain approval for Felcra Bhd 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 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 account number 044797824 registered in Zizie’s name.

The latter two offences were allegedly committed at the same location between 12.16pm and 12.28pm on June 19, 2015.

Zizie was also charged with receiving RM337,500 in cash from Norhaili for the same reason and place on June 19, 2015. 

She is facing three charges of abetting her husband over the matter at the same place, date, and time.

On May 17 last year, the prosecution closed its case after calling 30 witnesses to testify at the lower court trial that began on Jan 2, 2020.

Besides Madhi and Norhaili, among the other 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, and MACC assistant superintendent Norsharil Saharom.

Counsel M Athimulan acted for Bung. - Mkini