Photo: Bernama
KUALA LUMPUR: The prosecution in the RM2.8mil corruption case of Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad is raising a preliminary objection (PO) to their application for a review of the Sessions Court decision ordering them to enter their defence.
DPP Law Chin How informed the High Court here that the PO was being filed on the grounds that Bung Moktar and Zizie Izette's application should not have been made by way of a notice of motion.
He said the notice of motion was wrong and against Sections 35 and 36 of the Courts of Judicature Act (CJA) 1964 when read together with Sections 325 and 326 of the Criminal Procedure Code.
ALSO READ: Bung and Zizie to enter defence
"The application should have been heard at the discretion of the court and not by way of (a) notice of motion, whereby the court is forced to hear the merits (of the review) without discretion," Law said on Monday (Oct 17).
The preliminary objection will be filed later on Monday, the court was told.
Meanwhile, lawyer M. Athimulan who represented Bung Moktar maintained that the court did have discretion to review the decision of a subordinate court under Sections 31 and 35 of the CJA.
According to him, there were three ways that a subordinate court's decision could be reviewed and one of it was at the court's own discretion to call and examine the records from the lower court.
ALSO READ: Bung Moktar, Zizie get stay in corruption case
Next was an application for review from an aggrieved party in the case, either the prosecution or the accused; while the third is by way of an application for review by an interested party in a criminal proceeding, such as a victim in the case.
Judicial Commissioner Azhar Abdul Hamid then fixed Nov 11 to hear the preliminary objection by the prosecution.
ALSO READ: Zizie can transfer case to a different court
The court also allowed Zizie IZette's application to consolidate her review application with that of her husband's to be heard before the same judge, after it was informed that the prosecution did not object for the cases to be heard together.
On Sept 2, Sessions Court judge Rozina Ayob ordered the couple to enter their defence on corruption charges after finding that the prosecution had made a prima facie case against them.
Bung, who is the caretaker Sabah Deputy Chief Minister and state Umno chief, stands accused of three charges of accepting bribes amounting to RM2.8mil to obtain approval for Felcra Bhd to invest RM150mil in Public Mutual unit trusts.
Zizie faces three charges of abetting her husband in the matter.
They were granted a stay on the hearing of their defence trial pending the disposal of their applications to review the lower court order for them to enter their defence on the charges.
