PUTRAJAYA: The Federal Court has overturned the acquittal of former Felda chairman Tan Sri Mohd Isa Samad in his graft case involving RM3.09mil relating to the purchase of a hotel in Sarawak.
This is the final legal avenue which saw Mohd Isa sent to the Sungai Buloh Prison upon the issuance of the committal order.
Federal Court judge Justice Nordin Hassan, who chaired a three-judge panel, said that the trial judge was correct in his findings of the case where Mohd Isa was convicted and sentenced.
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In the unanimous decision, Justice Nordin said the Court of Appeal had misapplied the presumption under Section 50(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 and failed to assess relevant facts in the case properly, which warranted intervention by the apex court.
(Section 50(1) establishes a legal presumption that if a person accepts, solicits or receives gratification, it is presumed to be done corruptly as an inducement or reward, shifting the burden of proof to the accused to rebut the presumption on the balance of probabilities.)
"The respondent (Mohd Isa) had failed to rebut the presumption of law under Section 50(1). As such, the ingredients of the offence of corruptly receiving the money as a reward for assisting the approval for the purchase of the hotel had been proven for all nine charges against the respondent under Section 16(a)(A) of the MACC Act beyond reasonable doubt," said Justice Nordin who took one hour and 45 minutes to read the decision.
The Federal Court also disagreed with the Court of Appeal that there was no evidence of the demand for gratification through Mohd Isa's words "kalau dia orang bagi apa-apa nanti kau ambil lah" (if they give you anything, just take it) and the "salam" (greetings) sent to businessman Ikhwan Zaidel (SP16) through his former special officer, Muhammad Zahid Md Arip (SP21).
Both Ikhwan and Muhammad Zahid testified as key prosecution witnesses in the trial.
Justice Nordin said although the court acknowledged that conveying 'salam' through an intermediary is a customary practice among Muslims but in the case of Mohd Isa, it expressed a "different connotation".
"The respondent's communication to SP21, together with the 'salam', supported the evidence of solicitation or demand for the bribe money.
"As the special officer of the respondent, it was highly improbable that SP21 would solicit or demand the said bribe money for himself. It requires a person in authority to solicit or demand such a substantial amount, and in the present case, the respondent is that person," the judge said.
He said the prosecution's appeal was allowed and that Mohd Isa's acquittal by the appellate court was set aside.
"The decision of the High Court in convicting the respondent in all nine charges is restored.
"We find the sentence is appropriate and in accordance of the law.
"We only need to reiterate that corruption is a heinous act that would destroy a nation," he said.
The court then upheld the six-year imprisonment and RM15.45mil fine imposed on Mohd Isa by the Kuala Lumpur High Court.
"The committal order is issued," Justice Nordin said.
Other judges on the panel were Justices Lee Swee Seng and Che Mohd Ruzima Ghazali.
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.
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.
On Feb 3, 2021, the High Court found Mohd Isa guilty and imposed the sentence on him.
On March 6, 2024, a three-judge panel of the Court of Appeal unanimously set aside the conviction.
Dissatisfied with the decision, the prosecution then filed an appeal to set aside the Court of Appeal's decision.
