KUALA LUMPUR (May 22): The prosecution’s preliminary objection (PO) against Kinabatangan member of Parliament (MP) Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad’s appeal in relation to their graft charges will be heard on July 7.
Deputy public prosecutor Law Chin How, when contacted, confirmed the date and added that the date was fixed even though parties have yet to receive the appeal records.
“If the preliminary objection is dismissed, then the case will be mentioned on July 17 to wait for the record of appeal,” he said following case management on Monday (May 22).
Trial judge Rozina Ayob ordered the duo to enter their defence in September last year, after finding that the prosecution had established a prima facie case (there is sufficient evidence to proceed to trial) involving RM2.8 million related to a Felcra Bhd investment.
The couple then filed applications for a revision, on the grounds of the “correctness of the decision” of the ruling.
However, their applications were dismissed by the High Court last December. They are appealing this decision.
The prosecution is raising the PO, arguing 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 duo’s criminal trial has also been postponed several times due to the pending appeal at the Court of Appeal.
Rozina commented in February that the trial had been ongoing for a long time and had set several days beginning June 15 for the duo to enter their defence.
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, Bung Moktar 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 have taken place in June 2015. Meanwhile, Zizie faces three abetment charges.