The Kuala Lumpur High Court allowed an application by Kinabatangan MP Bung Moktar Radin and his wife Zizie Izette Abdul Samad to quash an order for them to enter their defence in an RM2.8 million corruption case.
Judge Azhar Abdul Hamid this afternoon allowed the criminal review bid by the couple, which targeted the Kuala Lumpur Sessions Court's decision last year.
Zizie was seen crying in the dock as her husband sat beside her looking on.
Azhar ordered the couple to be discharged and acquitted (DAA) of all the criminal charges.
On Sept 2 last year, lower court trial 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 totalling RM2.8 million over unit trust investments.
‘Miscarriage of justice’
During open-court proceedings, Azhar ruled that this is a proper case for the criminal court to exercise its discretion involving revisionary power.
"(There has been) miscarriage of justice, (thus needing) revisionary power. The prima facie ruling is set aside and it is substituted with discharged and acquitted," Azhar said as supporters in the public gallery broke out in gasps.
When met by the media at the entrance of the Kuala Lumpur Courts Complex, Bung was seen smiling, as Zizie stood beside him holding back sobs.
"Syukur Alhamdulillah for the acquittal of me and my wife. I am thankful to those who have been supporting us all these times," Bung said.
When asked by the press to comment on the timing of the couple's acquittal following the recent discharge not amounting to an acquittal (DNAA) of Deputy Prime Minister Ahmad Zahid Hamidi of a corruption case linked to Yayasan Akalbudi, Bung denied any link between them.
‘Witnesses lied’
"In our case, we see the judge made the best ruling. We were on trial for five years, so it (Zahid's DNAA) is not related to each other.
"The judge took note that I (and Zizie) have to be acquitted as the prosecution actually failed to prove its case (in a prima facie way)."
"The two main prosecution witnesses lied, and thus the (High) Court could not accept their testimonies," Bung reiterated.
The two prosecution witnesses in question are 24th witness, Public Mutual agent Madhi Abdul Hamid, and 25th witness, unit trust consultant Norhaili Ahmad Mokhtar.
Meanwhile, deputy public prosecutor Law Chin How said they would seek instructions from their superiors at the Attorney-General's Chambers (AGC) on whether to appeal to the Court of Appeal.
Back 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 (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.
Zizie was also charged with receiving RM337,500 in cash from Norhaili, under the name of Zizie Izette for the same reason and place on June 19, 2015, while Zizie 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.
Bung and Zizie were represented by counsel, M Athimulan and K Kumaraendran. - Mkini
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