KUALA LUMPUR (April 27): The prosecution in Kinabatangan MP Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad's criminal trial have raised a preliminary objection (PO) to the duo's appeal in relation to their graft charges.
The duo are appealing the High Court's decision in early December dismissing their applications challenging Sessions Court judge Rozina Ayob's order for them to enter their defence in their graft trial last year.
According to the application seen by The Edge, the prosecution is raising the PO because they say that the High Court ruling did not fall under the interpretation of "decision" as per Section 3 of the Courts of Judication Act 1964, and is therefore non-appealable.
The application was filed in early March and the matter will come up for case management on May 22. Deputy public prosecutor Law Chin How confirmed the matter when contacted.
Appeal pending at COA, as trial postponed several times
Both Bung Moktar and Zizie Izette's appeals have been pending at the Court of Appeal (COA) as the High Court has yet to finalise the appeal records.
As a result, the couple's criminal trial has also been postponed several times due to the pending appeal.
In January, the High Court granted the duo a stay from entering their defence pending the disposals of their appeals.
During mention of the case in February, trial judge Rozina commented that the trial had been ongoing for a long time and parties had set several days beginning June 15 for the duo to enter their defence.
Rozina ordered the duo to enter their defence in early September after finding that the prosecution had established a prima facie case involving RM2.8 million related to a Felcra Bhd investment.
Subsequently, the couple filed applications for a revision, on the grounds of the "correctness of the decision".
High Court judge Datuk Azhar Abdul Hamid agreed with the prosecution's preliminary objection that the couple's mode of application — by way of a motion instead of a letter — was defective and dismissed their applications in December last year.
According to the first charge, Bung Moktar, who was then the non-executive chairman of Felcra, accepted bribes of RM2.2 million in cash from Public Mutual investment agent Madhi Abdul Hamid through Zizie.
For the second charge, he is accused of accepting bribes of RM262,500 in cash from Madhi for a similar purpose.
He is also accused of accepting a bribe of RM337,500 in cash from Public Mutual investment agent Norhaili Ahmad Mokhtar.
All the offences were said to take place in June 2015. Meanwhile, Zizie faces three abetment charges.