Former Felda chairperson Mohd Isa Abdul Samad has succeeded in his appeal to reverse his conviction as well as a six-year jail term and RM15.45 million fine for nine counts of corruption linked to the purchase of a hotel in Sarawak.
A three-person Court of Appeal bench chaired by judge Vazeer Alam Mydin Meera this morning unanimously allowed the appeal against the 2021 guilty verdict and sentencing by the Kuala Lumpur High Court.
Speaking on behalf of fellow bench member judges Ahmad Zaidi Ibrahim and SM Komathy Suppiah, Vazeer ruled that the trial judge at the Kuala Lumpur High Court had misdirected himself when convicting the appellant.
Vazeer said when there are two versions of events on the money being allegedly given to Isa, then the benefit of the doubt ought to be given to the appellant.
He pointed out there was no credible evidence to show that Isa instructed 21st prosecution witness Muhammad Zahid Md Arip (Isa's former special officer) to make any monetary demand from 16th prosecution witness Ikhwan Zaidel (former managing director of Gegasan Abadi Properties Sdn Bhd) as gratification for the appellant's assistance to ensure that Felda Investment Corp Sdn Bhd (FICSB) approves the purchase of Merdeka Palace Hotel & Suites (MPHS) in Kuching.
Vazeer pointed out that the decision to purchase MPHS at the price of RM160 million was made in the 10th FICSB board of directors meeting on April 29, 2014, but Zahid claimed that the demand for gratification from Isa came sometime after that.
"If that was so, then it cannot be said the gratification was for the assistance rendered to obtain the approval of FICSB, as that event has already happened and the appellant's assistance would not be required any further," he said.
Vazeer ruled that the phrase “kalau dia orang bagi apa-apa nanti kau ambil lah” (if they give anything later, you take it), even if said by Isa, cannot be construed as an instruction or direction by the appellant to Zahid to take any money offered by Ikhwan.
Vazeer added that there was no credible evidence to show that there was an understanding between Isa and Zahid, in order for Zahid to use the alleged code word “salam” with Ikhwan so that Ikhwan would purportedly make the payments.
Vazeer stated that the trial judge erred in not considering that the prosecution changed their narrative in the case against Isa in the course of the court proceedings.
He pointed out that initially, the prosecutors' narrative was that the gratification was a reward for helping approve the purchase of MPHS, and then in the course of the trial, this was changed to “inducement” for Isa to not interfere with the contract for the purchase of MPHS.
"The prosecution cannot change the goal post midstream," the judge said.
When met by the media after the appellate proceedings at the Palace of Justice in Putrajaya, Isa expressed gratitude to Allah as the verdict would allow him and his family to move on with their lives after six years of the court case hanging over him.
On whether he would re-enter politics, the former Negeri Sembilan menteri besar said politics is something subjective.
The former Jempol MP said that whether to rejoin or stay in retirement from politics depends on the circumstances.
"If the situation is good and I’m needed, then I would re-enter. If not, I would remain a strong supporter of the party as the case is still not complete (due to the possibility of the prosecution appealing to the Federal Court).
"What is certain is that I am a loyal supporter of Umno," the former Bagan Pinang assemblyperson said as his wife and family members looked on at the public corridor of the Palace of Justice.
The appellant's counsel Sallehudin Saidin added that the prosecution has 14 days from today to file an appeal to the Federal Court.
Meanwhile, deputy public prosecutor Afzainizam Abdul Aziz said the prosecution team would brief the attorney-general on today's verdict before deciding on whether to appeal.
Isa was charged with nine counts of dishonestly receiving gratification for himself, totalling RM3.09 million in cash, from Gegasan Abadi Properties Sdn Bhd board member Ikhwan Zaidel, through one Muhammad Zahid Md Arip.
The money was purportedly gratification for helping to approve Felda Investment Corporation Sdn Bhd’s (FICSB) purchase of the hotel for RM160 million.
The offences were allegedly perpetrated at Level 49, Menara Felda, Platinum Park, No 11, Persiaran KLCC, between July 21, 2014, and Dec 11, 2015.
The nine charges, framed under Section 16(a)(A) of the MACC Act 2009, are punishable under Section 24(1) of the same law.
Isa faced a jail term not exceeding 20 years, and a fine of at least five times the bribe amount, or RM10,000, whichever is higher.
Initially charged at the Kuala Lumpur Sessions Court, his case was later transferred to the High Court.
Zahid used to be with Umno before crossing over to Bersatu. He contested and lost against former prime minister Najib Abdul Razak for the Pekan parliamentary constituency in the 14th general election in 2018.
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