PUTRAJAYA: Former Felda chairman Tan Sri Mohd Isa Abdul Samad’s appeal against his conviction, six-year jail term and RM15.45mil fine on nine counts of corruption over the authority’s purchase of a hotel in Kuching, Sarawak has been heard by the Court of Appeal.
The appellate court has, however, reserved its decision on the appeal.
The three-man Bench comprising Justices Vazeer Alam Mydin Meera, Ahmad Zaidi Ibrahim and SM Komathy Suppiah reserved their decision after they finished hearing submissions from Mohd Isa’s counsel Datuk Salehuddin Saidin and deputy public prosecutor Afzainizam Abdul Aziz.
Justice Vazeer, who chaired the panel, said the Court of Appeal registry will inform the prosecution and defence of the decision date, Bernama reported.
Mohd Isa, 73, was found guilty by the High Court on Feb 3, 2021 on the nine charges revolving around the Felda acquisition of Merdeka Palace Hotel & Suites in Kuching, Sarawak.
The offences allegedly took place on the 49th Floor of Menara Felda, Platinum Park, No.11, Persiaran KLCC, Kuala Lumpur between July 21, 2014 and Dec 11, 2015.
High Court judge Justice Mohd Nazlan Mohd Ghazali (now a Court of Appeal judge) handed down a sentence of six years for each offence with a cumulative total of 54 years and a fine of RM15.45mil or 18 years’ imprisonment in lieu of the fine.
Mohd Isa was ordered to serve the sentences concurrently, which means he is to serve only six years.
The former Negri Sembilan mentri besar filed a notice of appeal on Feb 4, 2021.
He was also allowed to be released on bail of RM1.5mil pending disposal of his appeal and was also required to report to the nearest police station on the 1st of every month until the appeal is settled.
Yesterday, counsel Salehuddin argued that the trial judge had heavily relied on the testimony of Mohd Isa’s former aide Muhammad Zahid Arip whose evidence was contradictory during cross-examination.
He said Muhammad Zahid had once denied during cross-examination that he had asked Sarawak businessman Ikhwan Zaidel about alleged political funds that Mohd Isa was said to have requested through a phone call, whereas Ikhwan, in his statement, stated otherwise.
“So who is the actual party making the request for whom? Is it safe for the court to convict Mohd Isa based on the testimony that is evidently tainted with the personal interests of the two witnesses?” said Salehuddin.
He added that his client should be acquitted and discharged of all the charges as the facts of the case showed there was no evidence that he had received the monies.
He also argued that the High Court judge had misdirected himself on the basic principle of law and had applied the wrong legal principles.
He also said the judge failed to give proper attention to all the evidence before the court and he also did not assess the overall evidence before arriving at a conclusion.
Afzainizam, however, said Mohd Isa intended to get the gratification, and although he (Mohd Isa) did not deal directly with Ikhwan in any of the transactions by which the sum was paid, the gratification was received by him through Muhammad Zahid.
He said the money was handed by Muhammad Zahid to Mohd Isa in a discreet manner.
He said the gratification was paid for fear that Mohd Isa may use his influence to cancel or delay payment for the acquisition of the hotel, adding that Felda’s subsidiary Felda Investment Corporation Sdn Bhd had previously rejected a proposal to purchase the hotel.
He said there was evidence from prosecution witnesses including Ikhwan that the sum of money was withdrawn and given to Muhammad Zahid to give Mohd Isa.
