PUTRAJAYA: The Court of Appeal has set July 7 to hear the prosecution’s preliminary objection to the appeal by Datuk Seri Bung Moktar Radin and his wife, Datin Seri Zizie Izette Abdul Samad over the Sessions Court’s decision ordering them to enter their defence on three corruption charges.
Deputy Public Prosecutor Law Chin How and the couple’s lawyer Teh See Khoon, when contacted, confirmed the appeal hearing date was fixed following case management held before Court of Appeal deputy registrar Mohd Khairi Haron on Monday (May 22).
The prosecution raised the preliminary objection saying that the Court of Appeal did not have the jurisdiction to hear the couple’s appeal as the High Court’s decision was not an appealable decision in accordance with Section 50 of the Courts of Judicature Act 1964.
The prosecution contended that the High Court’s ruling is not appealable as it did not fall under the interpretation of "decision” as defined in Section 3 of the Courts of Judicature Act because the ruling was made in the course of a trial and did not finally dispose of the couple’s rights.
The Sessions Court, on Sept 2, last year, had ordered the Kinabatangan member of Parliament and his wife to enter their defence on three charges of corruption amounting to RM2.8mil involving a RM150mil investment in Public Mutual Berhad unit trust.
On Dec 9 last year, the High Court Judicial Commissioner Azhar Abdul Hamid dismissed the couple's application for revision of the Sessions Court's decision, prompting them to appeal to the Court of Appeal.
This was after Justice Azhar allowed the prosecution's preliminary objection to dismiss the duo's application on the grounds that Bung Moktar and Zizie Izette had used the wrong method to file the revision application.
In the application which was filed separately, both of them sought an order from the High Court to revoke the decision of the Sessions Court.
On May 3, 2019, Bung Moktar was charged with two charges of accepting bribes of RM2.2mil and RM262,500 as an inducement to obtain Felcra approval to invest RM150mil in Public Mutual unit trusts.
He is alleged to have accepted the bribes from Public Mutual Berhad's investment agent Madhi Abdul Hamid through Zizie Izette at Public Bank’s Taman Melawati Branch here between 12.30pm and 5pm on June 12, 2015.
Bung Moktar was also charged with receiving RM337,500 in cash from Unit Amanah consultant, Norhaili Ahmad Mokhtar, under the name of Zizie Izette for the same reason and place on June 19, 2015.
Zizie Izette, meanwhile, is facing three charges of abetting her husband over the matter at the same place, date and time.- Bernama
