PUTRAJAYA (July 7): The Court of Appeal (COA) has ordered the High Court to re-hear an application by Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad pertaining to a Sessions Court's decision ordering them to enter their defence in their ongoing graft trial involving RM2.8 million related to a Felcra Bhd investment.

Having been called to enter their defence in the case in which the Sessions Court said there was a prima facie case, Bung Mokhtar and Zizie Izette had appealed against the decision at the High Court.

On Dec 9 last year, High Court Judicial Commissioner Azhar Abdul Hamid dismissed the couple's application to review the Sessions Court decision, prompting them to appeal to the COA.

This was after Azhar allowed the prosecution's preliminary objection to dismiss the duo's application on the grounds that Bung Moktar and Zizie Izette had used the wrong method to file the revision application.

On Friday (July 7), the three-judge COA bench led by Datuk Hadhariah Syed Ismail had disagreed with Azhar’s decision and said that the High Court is “duty bound” to consider merits of the application.

“In this case as this (application) was made at the prima facie stage, upon such application made, it is duty of [the] High Court to consider its merits, which was not done. When the High Court dismissed this application, they said [the] counsel used wrong mode to apply,” she said.

Hadhariah along with judges Datuk Azman Abdullah and Datuk Azmi Ariffin had unanimously agreed to send the application for a review of the Sessions Court decision back down to the High Court to hear its merits.

On May 3, 2019, Bung Moktar was charged with two counts of accepting bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra approval to invest RM150 million in Public Mutual unit trusts.

He is alleged to have accepted the bribes from Public Mutual Bhd's investment agent Madhi Abdul Hamid through Zizie Izette at Public Bank's Taman Melawati Branch here between 12.30pm and 5pm on June 12, 2015.

Bung Moktar was also charged with receiving RM337,500 in cash from Unit Amanah consultant, Norhaili Ahmad Mokhtar, under the name of Zizie Izette for the same reason and place on June 19, 2015.

Zizie Izette, meanwhile, is facing three charges of abetting her husband over the matter at the same place, date and time.

The duo were called to enter their defence by Sessions Court judge Rozina Ayob on Sept 2 last year.