KUALA LUMPUR: The defence trial of Deputy Sabah Chief Minister Datuk Seri Bung Moktar Radin and his wife Zizie Izette Abdul Samad has been stayed again pending the disposal of a related appeal at the Court of Appeal.
High Court judge Judicial Commissioner Azhar Abdul Hamid allowed the stay application by lawyer M. Athimulan, who represented Bung Moktar and Zizie Izette, yesterday.
The first working day of the new year was initially scheduled for the couple’s defence trial to begin.
Deputy public prosecutor Mohd Sophian Zakaria did not object to the stay application.
Bung, 65, and Zizie, 45, were appealing Azhar’s decision on Dec 9 of last year, where the JC allowed the prosecution’s preliminary objection against their application to review the Sessions Court’s decision that ordered them to enter their defence in the case.
On Sept 2 last year, Sessions Court trial judge Rozina Ayob ruled that the prosecution succeeded in proving a prima facie case against the couple over corruption charges totalling RM2.8mil relating to unit trust investments.
In their application for the stay, the couple’s defence team argued that there were extraordinary circumstances that justified a stay of the trial at the Sessions Court.
They said there were legal matters in the appeal that could highly likely be allowed by the Court of Appeal, and if the trial at the lower court was allowed to proceed, it could render the appeal academic.
They further said that if the stay was not granted, it would cause injustice to the couple.
Later, in separate proceedings at the Sessions Court, judge Rozina was informed by the parties in the case that the High Court had granted a stay of the trial.
Athimulan also informed Rozina that the appeal had been fixed for case management at the appellate court on Jan 25.
Rozina reminded parties that the case had been dragging on since 2019 with no clear end, and she urged parties to submit a notice of urgency to the Court of Appeal to expedite the matter.
“I’m sure the accused persons are also anxious to know the end of the matter.
“I hope parties step up the process,” Rozina said.
The Sessions Court then fixed Jan 27 for parties to update the court on the status of the appeal.
Bung Mokhtar is charged with accepting three bribes totalling RM2.8mil in exchange for Felcra Bhd investing RM150mil in Public Mutual unit trusts.
Zizie Izette is accused of three counts of aiding and abetting her husband in the matter.
The defence trial has been postponed for the second time.
The first stay was granted by High Court judge Justice Collin Lawrence Sequerah on Sept 23, last year, pending the decision of the review application.
The review application was effectively dismissed when Azhar allowed the prosecution’s preliminary objection on Dec 9, 2022.
