KUALA LUMPUR (Oct 17): The prosecution in the graft trial of Sabah Deputy Chief Minister Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette A Samad is objecting to the mode used by the couple to apply for a review of the Sessions Court’s decision ordering them to enter their defence.

“[The application] should not be filed by way of a motion, as it indirectly takes away the discretionary power conferred on the honourable court,” deputy public prosecutor (DPP) Law Chin How told judicial commissioner Datuk Azhar Abdul Hamid in the High Court on Monday (Oct 17).

“The mode is wrong and unknown in law,” Law said, adding that the prosecution would file a written application for its preliminary objection to the motion.

The High Court subsequently set Nov 11 to hear the prosecution’s application. Also present in the court was DPP Datuk Faridz Gohim Abdullah. Representing Bung Moktar was M Athimulan, while Zizie Izette was represented by Datuk K Kumaraendran.

The court also allowed the defence’s application to consolidate the separate applications by Bung Moktar and Zizie Izette to review the Sessions Court order for them to enter defence.

Previously on Sept 2, Sessions Court judge Rozina Ayob ordered the couple to enter their defence against corruption charges, after finding that the prosecution had established a prima facie case against them in the case involving Public Mutual Bhd unit trust investments and Felcra Bhd.

In legal terminology, the Latin term prima facie refers to a stage in a criminal trial, where a prosecutor has managed to provide credible evidence to support the argument that a crime has been committed.

Corruption allegations against Bung Moktar and Zizie Izette date back to 2015.

On May 3, 2019, Bung Moktar pleaded not guilty in the Sessions Court to three charges of accepting bribes amounting to RM2.8 million in 2015 to get consent for Felcra to invest RM150 million in Public Mutual unit trust funds.

According to the first charge, Bung Moktar, who was then the non-executive chairman of Felcra, is accused of accepting bribes amounting to RM2.2 million in cash from Public Mutual investment agent Madhi Abdul Hamid, via Zizie Izette, at Public Bank’s Taman Melawati branch in Selangor between 12.30pm and 5pm on June 12, 2015.

Under the second charge, Bung Moktar is alleged to have accepted a bribe of RM262,500 in cash from Madhi through the Public Islamic Treasures Growth Fund account number 044797816 registered in the name of Zizie Izette.

For the third charge, Bung Moktar is alleged to have accepted a bribe of RM337,500 in cash from Public Mutual investment agent Norhaili Ahmad Mokhtar, via the Public Ittikal Sequel Fund account number 044797824 registered in Zizie Izette’s name.

The offences under the second and third charges are said to have been committed at the same location at 12.16pm and 12.28pm respectively on June 19, 2015.

Zizie Izette, meanwhile, has pleaded not guilty to three charges of abetting her husband in the offences at the same place, date and time.