PETALING JAYA: The High Court has set Dec 9 to rule on a preliminary objection by the prosecution that Sabah Umno chief Bung Moktar Radin and his wife, Zizie Izette, had used the wrong mode to challenge a sessions court judge’s order calling for their defence in the RM150 million Felcra investment corruption case.
Judicial commissioner Azhar Abdul Hamid said he needed more time to deliberate on the written and oral submissions by both parties.
The objection, filed last month, claims that the applications by Bung and Zizie failed to comply with provisions of the Courts of Judicature Act 1964 and the Criminal Procedure Code (CPC).
In September, the couple filed separate motions, supported by affidavits, seeking a revision of trial judge Rozina Ayob’s decision calling for them to enter their defence.
Deputy public prosecutor Law Chin How today submitted that the couple’s revision application should not include affidavits identifying purported errors made by the trial judge or the notes of proceedings.
“These two documents should only form part of the appeal records,” adding that the mode taken by the applicants in the present proceedings did not comply with the Courts of Judicature Act 1964 and the CPC.
He said that to properly consider the matter, the court must be presented with a complete appeal record consisting of the notes of proceedings, exhibits, and the grounds of judgment of the lower court.
Law said the inclusion of the notes of proceedings by the applicants in their affidavit was wrong and premature. The proper party to prepare the necessary records for the judge’s use was the court registry, not Bung and his wife.
“(The prosecution’s) preliminary objection should be allowed as the filing of the affidavits and notes of proceedings (by the applicants in support of their applications for revision) is defective,” he added.
Law said the couple ought to have sent a letter to Azahar requesting that he inquire into whether the trial judge’s decision was wrong.
Bung’s lawyer M Athimulan submitted that the filing of the motions by the couple was merely a procedural device, just like writing a letter.
“In exercising its discretionary power, the court may invite parties to submit before making a ruling,” he said.
Zizie’s lawyer K Kumaraendran submitted that even if there was a defect in the mode, the court may hear the motions filed.
Rozina had ruled on Sept 2 that the prosecution had established a prima facie case against Bung, the then Felcra chairman, and Zizie on charges of corruption and abetment, respectively.
Bung, 64, who is also a Sabah deputy chief minister, was charged with two counts of receiving bribes amounting to RM2.2 million and RM262,500 as gratification to obtain Felcra’s approval to make a RM150 million investment in Public Mutual unit trust.
He is accused of receiving those bribes from Public Mutual investment agent Madhi Abdul Hamid, through Zizie at the Public Bank branch in Taman Melawati here between 12.30pm and 5pm on June 12, 2015.
He is also charged with receiving a third bribe of RM337,500 from another Public Mutual investment agent, Norhaili Mokhtar, under Zizie’s name, for the same purposes and at the same place on June 19, 2015.
Zizie, 44, faces three charges of abetting her husband in the matter.
