KUALA LUMPUR: The defence proceeding involving Kinabatangan MP Datuk Seri Bung Moktar Radin and his wife, Datin Seri Zizie Izette Abdul Samad, who are facing three corruption charges, which had been set for nine days from Monday (July 10), was postponed by the Sessions Court.
The court had set July 10 as well as July 20, 21, 24 and 25 for the couple to enter their defence.
Judge Rozina Ayob vacated the hearing dates after deputy public prosecutor Low Chin How informed the court of the progress of the appeal on the revision applications by the couple at the Court of Appeal last Friday (July 7).
She then set Sept 13 for mention.
Earlier, Low told the court that the Court of Appeal had remitted back the revision applications filed by Moktar and his wife to the High Court for the merits of the applications to be heard.
The couple filed the revision applications to challenge the Sessions Court decision ordering them to enter their defence on three corruption charges last year.
"Their applications had been dismissed by the High Court on Dec 9 last year, following a preliminary objection by the prosecution. The date of mention of the couple's application is set this Friday (July 14) before the same High Court Judge," he said.
Last Friday (July 7), a three-member bench of the Court of Appeal comprising Justices Datuk Hadhariah Syed Ismail, Datuk Azman Abdullah and Datuk Azmi Ariffin ordered the couple’s revision applications to be sent back to the High Court for it (the High Court) to consider the merits of their applications.
Justice Hadhariah, who chaired the bench, said when a revision application is filed, it is the duty of the High Court to consider the merits of the application, irrespective of whatever mode the revision application was filed.
She said in Bung Mokhtar and Zizie Izette’s case, the High Court did not do so (hear the merits of the revision applications) when the court dismissed the couple’s revision applications based on the grounds that they had used the wrong mode to file the revision.
On Dec 9 last year, Judge Datuk Azhar Abdul Hamid dismissed the review applications without hearing the merits of the application following an initial objection from the prosecution stating that the couple had used the wrong method to file the application.
On 2 Sept 2022, Rozina ordered the couple to defend themselves on three charges of corruption after finding that the prosecution had proven a prima facie case against them.
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 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
