KUALA LUMPUR: Sabah Deputy Chief Minister Datuk Seri Bung Moktar Radin and his actress wife Datin Seri Zizie Izette Abdul Samad will have to answer the charges against them on Sept 23.
The Sessions Court here has ordered them to enter their defence in the RM2.8mil corruption case involving Felcra, in which Bung Moktar was a non-executive chairman.
Judge Rozina Ayob, in her decision at the end of the prosecution case, said the prosecution had successfully adduced credible evidence, proving each and every essential ingredient of the offences faced by the couple.
Although there were contradictory statements from witnesses based on their oral testimony and written statements to the Malaysian Anti-Corruption Commission (MACC), Rozina said these did not affect the charges against them.
“I have evaluated all the evidence with due caution and care and upon considering the whole evidence, I am satisfied that all ingredients of the charges against you have been proven at the prima facie level.
“I find that the evidence shows that the RM2.8mil was corruptly obtained by the accused,” she said.
Right after the ruling, defence lawyer Datuk K. Kumaraendran informed the court that Bung Moktar, 64, and Zizie, 44, have chosen to give evidence under oath.
This means both can be subjected to cross-examination by the prosecution.
They have a case to answer: Kinabatangan MP Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad have been ordered to enter their defence in the RM2.8mil corruption case involving Felcra. The defence will begin their case on Sept 23. - IZZRAFIQ ALIAS/The Star
Lawyer M. Athimulan said the defence would call eight witnesses to testify for Bung Moktar and two for Zizie.
The court also decided that the 14-day hearing will begin this month despite the defence’s request to have the hearing in December.
The defence said Bung Moktar, who is Kinabatangan MP, has to attend Parliament from Oct 3 until Nov 29.
However, the judge said: “I am looking for a September date, I’m giving priority to this case.”
Kumaraendran objected and questioned the need to rush the trial through this year.
He said there were others, such as those facing the death penalty, who should be given priority.
“We started this case in 2019, that was two-and-a-half years ago. Why is it necessary to rush through this year?
“There are cases that have been fixed much, much earlier which should take precedence,” he said.
Kumaraendran said the defence needed time to prepare, including to call witnesses and to interview witnesses offered by the prosecution.
“We don’t want to be accused of not being prepared,” he added.
Rozina, however, insisted that the parties come together and fixed the hearing dates.
“We will go through the diary together for the dates,” she said.
After the parties met Rozina in her chambers, the hearing was set for Sept 23, Sept 26, Oct 14, Oct 28, Nov 21, Nov 30, Dec 1 and Dec 7.
The court also fixed hearing dates on Jan 3 and Jan 9-13 next year.
Zizie’s lawyer Ridha Abdah Subri later told the press that Bung Moktar, the Sabah Umno chief, would be the first to take the stand before Zizie.
Bung Moktar and Zizie left the court without speaking to the press.
The prosecution, led by deputy public prosecutor Datuk Faridz Gohim Abdullah, closed its case on May 17 after calling 30 witnesses to testify at the trial which began on Jan 2, 2020.
On May 3, 2019, Bung Moktar claimed trial to three charges of accepting bribes amounting to RM2.8mil to obtain approval for Felcra Bhd to invest RM150mil in Public Mutual unit trusts.
According to the first charge, Bung Moktar allegedly accepted a bribe of RM2.2mil in cash from Public Mutual’s investment agent, Madhi Abdul Hamid, through Zizie, at Public Bank’s Taman Melawati branch here between 12.30pm and 5pm on June 12, 2015.
For the second charge, Bung Moktar 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 Moktar is also accused of accepting a bribe of RM337,500 in cash from Public Mutual’s investment agent, Norhaili Ahmad Mokhtar, through the Public Ittikal Sequel Fund (PITSEQ) account number 044797824 registered in the name of Zizie.
Zizie claimed trial to three charges of abetting her husband at the same places, dates and times.
Among the prosecution witnesses called to testify were former finance minister II Datuk Seri Ahmad Husni Mohamad Hanadzlah, former Felcra Investments general manager Adnan Yusof, Felcra board member Dr Habibah Suleiman, MACC Asst Supt Norsharil Saharom, as well as the investment agents, Madhi and Norhaili.
