PUTRAJAYA (March 7): The prosecution has filed a notice of appeal against the Court of Appeal’s decision on Wednesday to acquit former Felda chairman Tan Sri Mohd Isa Samad over his nine graft charges of RM3.09 million over the purchase of the Merdeka Palace Hotel Suites (MPHS) in Kuching, Sarawak, 10 years ago.
A source from the Attorney General Chambers, confirmed with The Edge that the notice was filed on Thursday.
“I understand that the notice of appeal has been filed today,” the source added.
The prosecution’s appeal would go to the Federal Court.
A separate source with Isa’s lawyers also confirmed that the notice had been filed.
On Wednesday, the Court of Appeal had unanimously allowed the 73-year-old Isa’s appeal to set aside his conviction and sentence in ruling that the High Court had erred in its decision.
Justice Datuk Vazeer Alam Mydin Meera who sat with Datuk Ahmad Zaidi Ibrahim and Datuk SM Komathy Suppiah, in setting aside the six years jail sentence and RM15.45 million fine, said the appellate court found the High Court’s findings over the demand of payment by (Mohd) Isa through his aide Zahid Md Arip, and that former Gegasan Abadi Properties Sdn Bhd director Ikhwan Zaidel made nine payments through Zahid to the then Felda chairman was not borne by credible evidence.
Vazeer said the evidence showed Ikhwan made the payments to Zahid but there was no evidence that (Mohd) Isa had received them.
The appellate court also agreed with the defence that the prosecution should not change the goalpost midstream in the trial where it alleged that Mohd Isa had sought the payments to approve the purchase and then later, changed the narrative to seeking an inducement so as not to interfere in the purchase.
“They must keep the particulars stated in the charges stand,” he said, adding that the bench ruled that Mohd Isa’s call for defence should not have been called in the first place.
“The bench found there are merits in the appeal that warranted appellate intervention and the conviction is not safe. Hence, the bench discharges and acquits the appellant,” Vazeer said.
Mohd Isa, was found guilty by the High Court on Feb 3, 2021 on nine bribery charges amounting to RM3.09 million in Felda's acquisition of the MPHS in Kuching, Sarawak between July 21, 2014 and Dec 11, 2015, whereby the offence took place on the 49th floor of Menara Felda, Platinum Park, No 11, Persiaran KLCC, Kuala Lumpur.