Prosecution lists seven reasons in appeal against Bung Moktar graft decision

KUALA LUMPUR: The prosecution has listed seven reasons in its appeal petition in the RM150mil Felcra investment graft case involving Kinabatangan MP Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abd Samad.

In the petition filed on Friday (May 3), the prosecution contended that the High Court judge had erred in his exercise of revisionary powers when he allowed a criminal review application by Bung Moktar and Zizie Izette, resulting in their acquittal.

It said the trial judge at the Sessions Court had given her maximum evaluation on the prosecution witnesses before she called for the couple to enter their defence.

The petition, signed by deputy public prosecutor Law Chin How, also contended that the High Court had erred when it failed to consider that there was no miscarriage of justice against the respondents on the prima facie that was decided by the Sessions Court as it did not mean a finding of guilt on the alleged offences.

The prosecution further stated, among others, that the High Court erred when it depended fully on the Sessions Court's prima facie decision that was delivered orally at the end of the prosecution's case without considering the lower court's full written judgment, although by law, the Sessions Court judge was not required to give a reason on her decision at the end of the prosecution's case.

"The prosecution prays for the High Court decision to be set aside and for the Sessions Court decision to be reinstated, as well as other reliefs deemed fit by the court," the prosecution said.

On Sept 2, 2022, Sessions judge Rozina Ayob found prima facie in the prosecution's case as the ingredients of the charges against them and that the presumption of corruption under Section 50 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 had been triggered.

The couple then filed to have the decision revised.

On Sept 7 last year, Justice Azhar Abdul Hamid discharged and acquitted Bung Moktar and Zizie Izette of all three corruption charges after allowing the couple’s applications for a revision.

In his full written judgment released last week, Justice Azhar said he exercised his revisionary power to acquit the couple of corruption charges over a RM150mil Felcra investment as there was no basis for the trial judge to order the couple to enter their defence.

It was reported that he said he was of the opinion that the Sessions Court judge’s finding of a prima facie case was "incorrect" and "perverse", and had caused "great injustice" to both the accused.

The hearing for the prosecution's appeal against the acquittal has been fixed for July 29.