KUALA LUMPUR (March 7): Former Federal Land Development Authority (Felda) chairperson Tan Sri Mohd Isa Samad is asking the Federal Court to reconsider its own decision to convict him of corruption charges, as well as his six-year jail sentence and RM15.45 million fine.

A motion for review was filed last Wednesday (March 4) at the country’s highest court, his lawyer Datuk Abu Bakar Isa Rahmat from Messrs Hafarizam Wan Aisha Mubarak confirmed.

“The application is made under Rule 137 of the Federal Court Rules and it is filed on Isa’s instructions,” Abu Bakar told The Edge, without elaborating.

Rule 137, which stipulates the Federal Court’s inherent power to review its earlier decision in order to prevent injustice or abuse of the court process, is the only way to challenge a Federal Court decision.

Isa is currently serving time in Kajang Prison after earlier being placed at Sungai Buloh Prison.

On Feb 10, a three-member Federal Court bench led by judge Datuk Nordin Hassan had overturned Isa’s acquittal and found him guilty of nine counts of graft of receiving RM3.09 million from Gegasan Abadi Properties Sdn Bhd (GAPSB) director Ikhwan Zaidel, following Felda’s acquisition of the Merdeka Palace Hotel & Suites in Kuching.

The offences occurred between July 21, 2014, and Dec 11, 2015, at Menara Felda, Platinum Park, Kuala Lumpur, where he received the sum in tranches.

Nordin sat with judges Datuk Lee Swee Seng and Datuk Che Mohd Ruzima Ghazali in the unanimous decision.

Following the apex court decision, Isa was brought to Sungai Buloh Prison first and later transferred to Kajang Prison.

Isa, 77, a former Umno vice-president and long-time former Negeri Sembilan menteri besar, was initially convicted and sentenced by High Court judge Datuk Mohd Nazlan Mohd Ghazali (now a Federal Court judge) on Feb 3, 2021.

However, a three-member Court of Appeal bench led by Datuk Vazeer Alam Mydin Meera (now also a Federal Court judge) reversed the conviction and sentence, and granted an acquittal on March 6, 2024, resulting in the prosecution’s appeal to the Federal Court.

Nordin, in his decision on Feb 10, ruled that Ikhwan and Isa’s former aide Muhammad Zahid Md Arip, who received the funds from Ikhwan for Isa, are credible witnesses.

The judge added it is proven that Isa had solicited the bribe from Ikhwan through Zahid, when seeking approval from Felda Investment Corporation Sdn Bhd, which is wholly owned by Felda, in the purchase of the hotel (that his company wanted to sell to Felda) from RM200 million to a reduced price of RM160 million.

“Zahid had told Ikhwan that Isa is a politician and needed funds, while Isa had also informed Zahid that if Ikhwan had offered anything to take it,” the judge said.

Nordin also noted that Isa had sent his salam (greeting) to Ikhwan several times, denoting the need for a bribe.

“We (the bench) acknowledge giving salam is a customary practice among Muslims; but to convene salam several times to GAPSB after it succeeded in its bid (to sell the hotel) expresses a different connotation and supports the solicitation (of bribe) demand,” the judge said in his written judgement.

Nordin, a former Malaysian Anti-Corruption Commission prosecution and legal director, said graft is a heinous act that would destroy a nation and that a deterrent sentence is warranted in this case.

Read also: 
Federal Court finds Isa Samad guilty of corruption 
Appellate Court acquits Isa Samad of bribery charge 
High Court sentences Isa Samad to six years in jail, slaps RM15.45m fine