PUTRAJAYA: A change in narrative in the prosecution’s case against former Felda chairman Tan Sri Mohd Isa Samad, accused of graft in Felda’s purchase of a hotel in Sarawak, was among the issues considered in his acquittal by the Court of Appeal.
The change in goalpost rendered his conviction and sentence – imposed on him by the High Court three years ago – as “not safe” and therefore resulted in his discharge and acquittal on nine counts of corruption amounting to RM3.09mil, yesterday.
In a unanimous decision, a three-judge panel chaired by Justice Vazeer Alam Mydin Meera allowed Mohd Isa’s appeal after ruling that it has merit.
In the broad grounds of judgment, Justice Vazeer said the prosecution had presented two different narratives of their case.
In the charges and in the opening statement, the prosecution stated that the gratification was a “reward” for helping to approve the purchase of Merdeka Palace Hotel & Suites (MPHS).
This narrative, however, was changed to “inducement” in the course of the trial, where the appellant did not interfere with the contract for the purchase.
“The question then arises as to which element of Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 was used by the trial judge in deciding whether a prima facie case has been established against the appellant.
“Is it one of reward or is it one of inducement? The prosecution cannot change the goalpost midstream,” the judge said in the 33-page judgment.
The appellate court also found that there was no credible evidence showing the appellant had instructed his former special officer Muhammad Zahid Md Arip (who is the 21st prosecution witness or SP21) to make monetary demand from one Ikhwan Zaidel as gratification for the appellant’s assistance to render the approval of Felda Investment Corporation Sdn Bhd (FICSB) board of directors (BOD) for the hotel purchase.
Ikhwan was a board member of Gegasan Abadi Properties Sdn Bhd (GAPSB) and the 16th prosecution witness (SP16).
The decision to buy MPHS at RM160mil was made in the 10th FICSB BOD meeting on April 29, 2014, and according to SP21, the demand for the gratification by the appellant came later.
“If that was so then it cannot be said that the gratification was for the assistance rendered to obtain the approval of FICSB, as that event has already happened and the appellant’s assistance would not be required any further,” Justice Vazeer said.
“Hence the appeal against conviction and sentence in respect of all charges is allowed and the order of the High Court is set aside. The appellant is acquitted and discharged,” the judge added.
Others on the panel were Justices Ahmad Zaidi Ibrahim and SM Komathy Suppiah.
On Feb 3, 2021, the High Court found Mohd Isa, 73, guilty of nine charges of bribery involving RM3.09mil in Felda’s acquisition of Merdeka Palace Hotel & Suites in Kuching, Sarawak.
Mohd Isa was sentenced by the then High Court judge Justice Mohd Nazlan Mohd Ghazali (now Court of Appeal judge) to six years imprisonment and a fine of RM15.45mil, in default 18 years prison, for all the nine counts.
DPP Afzainizam Abdul Aziz, who led the prosecution, told the press they would brief the Attorney General on the matter before deciding whether to appeal the decision.
Lawyer Datuk Salehuddin Saidin led the defence team.
