PUTRAJAYA: Datuk Seri Mohd Isa Samad has failed in his application to review a decision by an earlier panel of the Federal Court over his conviction and sentence in his graft case involving the purchase of a hotel in Sarawak.
A three-judge panel of the Federal Court, chaired by Chief Judge of Sabah and Sarawak Justice Azizah Nawawi, found that there was no miscarriage of justice in Mohd Isa's case.
Justice Azizah said that during the Federal Court's proceedings, Mohd Isa's lawyers focused on defending the Court of Appeal’s decision acquitting Mohd Isa and did not address the merits of the defence before the Federal Court.
"Having chosen that course, the applicant cannot now complain that he was denied the right to be heard.
"From the notes of proceedings, the Federal Court did not, at any time, prevent and restrict the applicant from making any argument before the decision was reserved.
"Therefore, it cannot be said that the applicant was not given a chance to argue on the merits of his defence," Justice Azizah said in the unanimous decision on Friday (June 26).
On the issue of failure to allow the applicant to mitigate before sentencing, Justice Azizah said there was no failure by the previous panel as the Federal Court was only exercising appellate jurisdiction while the finding of guilt was already made by the High Court.
She said Mohd Isa's mitigation had already been addressed at the High Court stage and did not require a separate submission as the prosecution did not seek an enhanced sentence at the Federal Court, but only to reinstate the High Court's conviction and sentence in the case.
"There is no miscarriage of justice if the court gives the defence an opportunity to argue even if the defence chooses not to make submissions.
"For the whole said reasons, we find that there is no miscarriage of justice and therefore the motion is hereby dismissed," the judge said.
The other judges on the panel were Federal Court judges Justices Collin Lawrence Sequerah and P. Ravinthran.
On Feb 10, the Federal Court unanimously set aside the Court of Appeal's decision in acquitting Mohd Isa and reinstated the High Court's conviction and sentence in the case.
The Federal Court said the High Court's conviction for Mohd Isa's nine charges was "correct and safe" and restored the six-year jail term and RM15.45mil fine imposed by the Kuala Lumpur High Court.
The former Negeri Sembilan Mentri Besar 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 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 March 6, 2024, Mohd Isa became a free man after a three-judge panel of the Court of Appeal unanimously set aside his conviction and sentence.
The prosecution then filed an appeal to set aside the Court of Appeal's decision.
Mohd Isa filed the application to review the Federal Court's decision on March 4.
