KOTA KINABALU: Sabah Umno has expressed respect for the judicial process following the Court of Appeal’s decision that requires its chief, Datuk Seri Bung Moktar Radin, to enter a defence against three corruption charges involving RM2.8mil related to a Felcra Bhd investment.
Sabah Umno’s information chief and Libaran MP, Datuk Suhaimi Nasir, voiced support for Bung Moktar, stressing the party’s commitment to upholding the rule of law.
"We wish to clarify that Bung Moktar has not been convicted but has merely been called to defend himself as part of ongoing legal proceedings. As stated by the Court of Appeal, the process is still in the early stages, and a final decision will require a full legal review," Suhaimi said in a statement on Monday (Nov 18).
The three-judge Court of Appeal panel, led by Justice Ahmad Zaidi Ibrahim, found the High Court’s previous decision to discharge and acquit Bung Moktar and his wife, Datin Seri Zizie Izette Abdul, of the charges to be "premature" and disruptive to the trial process.
The other judges on the panel were Justices Mohamed Zaini Mazlan and Noorin Badaruddin.
Justice Mohamed Zaini explained that it is established law that a call to enter defence is not subject to appeal, as it does not constitute a final ruling on the accused’s rights.
He noted that seeking revision of these findings essentially amounts to an appeal, but due process requires that the trial proceed, allowing the defence to present its case.
On Sept 7, 2023, Bung Moktar and his wife were acquitted and discharged after the High Court overturned a Sessions Court ruling from Sept 2, 2022, which had initially ordered them to enter a defence on the corruption charges.
The prosecution appealed the acquittal on Sept 18, 2023.
Justice Mohamed Zaini summarised the appellate court’s decision: "We allow the appellant’s appeal and set aside the High Court’s ruling. The Sessions Court ruling is restored, and we direct that the case returns to the Sessions Court to proceed without further delay."
The appellate court has scheduled Dec 5 for case management at the Sessions Court.
