PUTRAJAYA: The prosecution’s appeal against the acquittal of Kinabatangan MP Bung Moktar Radin and his wife from corruption charges over a RM150 million Felcra investment cannot proceed as the High Court has yet to provide its written judgment.
As a result, the Court of Appeal today fixed another case management on Jan 12, the third adjournment since September.
Lawyer Teh See Khoon, representing Bung and Zizie Izette Samad, confirmed the matter as the appeal records that included the judge’s written grounds are not ready.
Deputy public prosecutor Fadly Zamry appeared for the prosecution.
According to a long-standing court practice, judges are to provide their written grounds within eight weeks after a notice of appeal has been filed.
The prosecution filed its notice of appeal on Sept 19, some 15 weeks ago.
The notice of appeal was also filed about two weeks after Justice Azhar Abdul Hamid allowed the couple’s Sept 7 appeal in exercising his revisionary powers.
FMT understands the Court of Appeal had also written to the High Court to expedite the preparation of the appeal records.
In his oral verdict, Azhar said the sessions court judge’s decision in asking Bung and Zizie to enter their defence amounted to a miscarriage of justice.
“After examining the records, this court finds there was no evidence that P24 and P25 (prosecution witnesses Madhi Abdul Hamid and Norhaili Mokhtar) had given money to (Bung) through his wife (Zizie),” said Azhar.
Bung, 65, 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’s unit trust.
He was accused of receiving bribes from Madhi, a Public Mutual investment agent, through Zizie, at Public Bank’s Taman Melawati branch in Kuala Lumpur between 12.30pm and 5pm on June 12, 2015.
He was also charged with receiving a bribe of RM337,500 from Norhaili, another Public Mutual investment agent, under Zizie’s name at the same location on June 19, 2015.
Zizie, 44, faced three charges of abetting Bung in the alleged offences.
