KUALA LUMPUR (May 18): Datin Seri Zizie Izette Abdul Samad will find out on July 20 whether she is guilty or can walk free from three charges of abetting her late husband, Datuk Seri Bung Moktar Radin, for allegedly receiving RM2.8 million in bribes.

Sessions Court judge Rosli Ahmad set the date on Monday following submissions by all parties at the end of the defence stage. However, the judge also asked parties to put in additional written submissions by July 9.

Bung was charged as the then-non-executive chairman of Felcra, with three counts of accepting bribes totalling RM2.8 million from the agents through Zizie.

Following the former Kinabatangan parliamentarian's sudden demise on Dec 5 last year, the prosecution dropped the case against him and he was given a posthumous acquittal.

However, the prosecution continued its case against Zizie.

It is the prosecution's case that this sum was a form of gratification to obtain Felcra’s approval to make a RM150 million investment in Public Mutual unit trust.

The defence contends that the RM 2.8 million was an "introductory fee", in line with the agents' practice, given voluntarily, and paid once the investment was secured.

The defence closed its case in early March after calling two witnesses: Zizie and Bung.

Bung took the stand in September and completed his testimony before his death.

During submissions on Monday, M Athimulan argued that by law, the charges against Zizie cannot stand as there is no principle offence at the moment due to Bung's acquittal.

"[As the court] has made no finding of guilt regarding the commission of a principal offence, in absence of a positive finding of a principal offence, the charge of abetment against [Zizie] cannot stand," he said.

As Bung has been acquitted, Athimulan added that his testimony can no longer be used in court.

Deputy public prosecutor Law Chin How contended that the court can still and should take Bung's testimony in arriving at its decision, as it is crucial evidence to show the element of abetment.  

The defence added that other than the fact that Zizie happens to be Bung's wife and was the person who introduced Mutual Fund agents — Norhaili Ahmad Mokhtar and Madhi Abdul Hamid — to her late husband, there was "nothing in the evidence" to show that Zizie played a role in abetting in the principal offences.

They also highlighted that both the agents had given evidence that no discussions on investment of Public Mutual unit trust products by Felcra took place in the initial meeting where Zizie was present.

They also contend that receiving an introductory fee is not an offence under the Malaysian Anti-Corruption Commission Act , "or any other legislations”.

The prosecution argues that Zizie's defence was a bare denial.

"At all material times, [Zizie] did not reject the sum of RM2.8 million and, in fact, agreed with the prosecution’s suggestion that she did not object to receiving the RM2.8 million [...] the accused ought to have refused the money, particularly since her late husband held the position of non-executive chairman of Felcra Bhd at all material times," Law argued.

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