PUTRAJAYA: The Federal Court has fixed Feb 10 to deliver its decision on the prosecution's appeal to reinstate nine corruption charges against former Felda chairman Tan Sri Mohd Isa Abdul Samad.
A three-judge panel chaired by Justice Nordin Hassan set the date after hearing submissions here on Thursday (Feb 5).
The prosecution is appealing to set aside the Court of Appeal's March 6 decision, citing 24 grounds to support its contention that the court erred in law and fact when it acquitted Mohd Isa of all charges.
Earlier, Deputy Public Prosecutor Afzainizam Abdul Aziz submitted that the High Court was correct in convicting Mohd Isa.
He said the appellate court erred in facts and law and the misdirection of law warranted intervention from the Federal Court.
The prosecution contended that evidence showed Mohd Isa received RM3.09mil, through his former special officer Muhammad Zahid Md Arip, from Ikhwan Zaidel as a reward for his role in facilitating Felda Investment Corp Sdn Bhd's approval to purchase the Merdeka Palace Hotel & Suites in Kuching.
Both Muhammad Zahid and Ikhwan were credible witnesses but the Court of Appeal failed to give weight to the trial judge's findings on their credibility, the prosecution argued.
Meanwhile, Mohd Isa's lawyer M. Athimulan submitted that his client's acquittal was safe and that Muhammad Zahid's testimony was filled with inconsistencies.
"The charges alleged that the money was a reward for assistance while the evidence suggested that it was an inducement for non-interference," he added.
On March 6, 2024, a three-judge panel of the Court of Appeal unanimously set aside the conviction as well as a six-year imprisonment and RM15.45mil fine imposed on Mohd Isa by the Kuala Lumpur High Court on Feb 3, 2021.
Mohd Isa was charged in 2018 with nine counts of dishonestly receiving RM3.09mil in bribes from Ikhwan Zaidel, then a director of Gegasan Abadi Properties Sdn Bhd, via his former special officer, Muhammad Zahid Md Arip.
The payment was purportedly made as an inducement for approving the purchase of the Merdeka Palace Hotel & Suites in Kuching, Sarawak, by Felda Investment Corporation Sdn Bhd for RM160mil.
The offences were allegedly committed on the 49th floor of Menara Felda, Persiaran KLCC, between July 21, 2014 and Dec 11, 2015.
The charges were framed under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, punishable under Section 24(1) of the same Act, which carries a maximum sentence of 20 years' imprisonment and a fine of not less than five times the bribe amount or RM10,000, whichever is higher, upon conviction.
