PUTRAJAYA (May 13): The scheduled review hearing for former Felda chairman Tan Sri Mohd Isa Samad’s conviction and sentence on Wednesday has been deferred following a dispute over the past proceedings that require both the defence and prosecution to be in need of the court recordings.
Chief Judge of Malaya Datuk Seri Hashim Hamzah, who led the bench, allowed the adjournment of Wednesday’s proceedings in the interests of justice and directed the court recordings and transcription (CRT) for Feb 5 and 10 be produced.
Following this, the bench that also comprises Chief Judge of Sabah and Sarawak Datuk Azizah Nawawi and Federal Court judge Datuk Collin Lawrence Sequerah fixed Thursday (May 14) for the case management.
Earlier, M Athimulan, counsel for Isa, informed the bench that he had requested the court minutes due to a dispute concerning his professional integrity. This issue arose following the prosecution’s assertion that the defence had declined to provide submissions on the defence and mitigation after the former politician was found guilty.
Athimulan clarified that, contrary to those claims, the previous bench had never actually invited him to offer submissions on the defence or mitigation.
As a result of this, Athimulan, who appeared with Tan Sri Zulkefli Ahmad Makinudin, Datuk Hisyam Teh Poh Teik and Datuk Abu Bakar Isa Ramat, said they wanted the recordings to be produced, which had been denied by the apex court the day prior.
Deputy Public Prosecutor Afzanizam Abdul Aziz said there was no need to adjourn the matter as the prosecution claimed that the matter had been resolved via affidavits filed earlier and said the defence did not want to mitigate the conviction.
However, Hashim, who asked Zulkefli (formerly Court of Appeal president and Chief Judge of Malaya), said that when there is a dispute between two parties over the process of sentencing, and this was recorded, then it would be proper for the CRT to be produced.
After a short adjournment, Hashim ordered that the CRT be given to both the defence and prosecution and fixed tomorrow as case management to possibly fix a hearing date.
Today was initially scheduled for the hearing of Isa’s review over his conviction and sentencing him to six years’ jail and a fine of RM15.45 million in default two years’ jail if the fine was not paid.
Federal Court judge Datuk Nordin Hassan, who led the three-member bench that also comprised Datuk Lee Swee Seng and Datuk Che Mohd Ruzima Mohd Ghazali, on Feb 10 this year, said the Court of Appeal bench in acquitting Isa had misapplied the presumption of corruption and this warrants appellate intervention.
“The conviction is correct and safe, and the prosecution’s appeal is allowed. A deterrent sentence is warranted as corruption is a heinous act that would destroy the nation,” Nordin had said.
Isa is guilty of receiving RM3.09 million in a bribe 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.
Isa, 77, a former Umno vice-president and long-time former Negeri Sembilan menteri besar, was initially convicted and sentenced by the High Court on Feb 3, 2021, only for the Court of Appeal to reverse and grant an acquittal on March 6, 2024, resulting in the prosecution’s appeal at the Federal Court.