‘It’s due to prosecution flaw’


KUALA LUMPUR: Kinabatangan MP Datuk Seri Bung Moktar Radin maintains that he was freed from corruption charges due to weaknesses in the prosecution’s case and has nothing to do with any other political leader.

“It is not related at all, there is no reason that just because (Datuk Seri Dr) Ahmad Zahid Hamidi is discharged, and I must be acquitted too.

“The judge in his judgment has stated that I was acquitted and discharged due to the failure of the prosecution in proving the wrongdoings and two of their main witnesses had made U-turns,” he told the reporters after leaving the courtroom here yesterday.

He said High Court judge Justice Azhar Abdul Hamid had done his utmost in hearing the case in the past five years.

On Monday, the High Court granted a discharge not amounting to an acquittal to Ahmad Zahid for all 47 graft charges involving Yayasan Akalbudi funds, stating that extended time was needed for investigation.

Earlier yesterday, Justice Azhar had allowed the revision application made by Bung Moktar and his wife Datin Seri Zizie Izette Abdul Samad to overturn a Sessions Court’s decision asking the couple to enter defence in an RM2.8mil corruption case.

Bung Moktar looked calm while his wife, who donned an all-black attire, sobbed after hearing the court’s decision.

“I’m thankful to Allah for the acquittal I received today. I’m also grateful to my team of lawyers for their hard work,” he said.

He was also greeted by his supporters in the courtroom.

Justice Azhar said that it was a fit and proper case for the court to exercise its revisionary power under the Section 323 of the Criminal Procedure Code (CPC) to reverse the order by the lower court.

“After examining the records of the proceedings, this court found that there is no evidence that prosecution witnesses (PW) 24 and 25 had given money to Bung Moktar through his wife.

“Therefore, the decision of the Sessions Court to call for defence was a miscarriage of justice,” he said in his judgment.

On May 3, 2019, Bung Moktar was charged with accepting bribes of RM2.2mil and RM262,500 as an inducement to obtain Felcra approval to invest RM150mil in Public Mutual unit trusts.

He allegedly accepted the bribes from Public Mutual Bhd’s investment agent Madhi Abdul Hamid (PW24) through Zizie Izette at Public Bank’s Taman Melawati branch here between 12.30pm and 5pm on June 12, 2015.

Bung Moktar was also charged with receiving RM337,500 in cash from Unit Amanah consultant, Norhaili Ahmad Mokhtar (PW25), under the name of Zizie Izette for the same reason and place on June 19, 2015.

Zizie Izette, meanwhile, faced three charges of abetting her husband in the matter at the same place, date and time.

The Sessions Court had earlier ordered the Sabah Umno chief and Zizie Izette to enter their defence for the corruption charges.

The couple then filed the revision application to challenge the Sessions Court’s decision ordering them to enter defence.

On July 7, the Court of Appeal remitted back the revision applications filed by the duo to the High Court for the merits of the applications to be heard.

Deputy public prosecutor Law Chin How said he would obtain instructions from his superiors on whether to file an appeal or not.

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