KUALA LUMPUR (July 20): Datin Seri Zizie Izette Abdul Samad has been acquitted of all 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, in his brief grounds, said Zizie had successfully raised reasonable doubt while the prosecution failed to prove its case beyond reasonable doubt.
The husband and wife were charged in 2019. Bung Moktar was charged as the then non-executive chairman of Felcra with three counts of accepting bribes totalling RM2.8 million from mutual fund agents — Norhaili Ahmad Mokhtar and Madhi Abdul Hamid — through Zizie.
The prosecution claims that it was a gratification to obtain Felcra’s approval to make a RM150 million investment in Public Mutual unit trust.
Following the former Kinabatangan parliamentarian's sudden demise in December last year, the prosecution dropped the case against him, and he was given a posthumous acquittal.
However, the prosecution continued its case against Zizie.
Bung Moktar's acquittal clears Zizie
In his brief decision, judge Rosli said that based on the evidence before him, he did not find that Zizie had intentionally aided or conspired with her late husband or the agents.
He said that for the abetment offence, the prosecution must prove it is the principal offence — namely, that the deceased had received a bribe. In this case, since Bung Moktar was given a full acquittal, the prosecution had yet to prove its case against Bung Moktar.
"As a result of the discharge and acquittal order, the deceased is deemed to be an innocent man, as no finding of guilt was recorded against him. In other words, the prosecution has not yet been able to prove the offence of receiving a bribe against the deceased beyond reasonable doubt," he said in his 11-page broad grounds.
Citing case law, he added: “[I]f the principal offender is discharged and acquitted, the abettor accused of assisting the principal offender in committing the offence likewise cannot be convicted of abetment — this court is of the view that the prosecution has failed to prove a case beyond reasonable doubt against [Zizie]."
Back in March, while on the stand in her defence, Zizie testified that Norhaili had told her that the monies were an "introductory fee", which was a normal practice with the agency.
Referring to Zizie's testimony, judge Rosli on Monday also found that Zizie's testimony was credible and consistent with the testimony of the other prosecution witnesses.
Among the pertinent issues in her testimony which the judge cited were that she merely introduced the agents to the late Bung Moktar, neither did she expect the introductory fee given voluntarily, and that Bung Moktar had no knowledge of the “fee”.
On whether the "fee" was a form of a bribe, Rosli said that the previous trial judge, Sessions Court judge Rozina Ayob, had already made a finding that it was a bribe at the end of the prosecution's case.
In his grounds, Rosli said that as the matter was already decided upon, "it would not be proper for this court to reconsider it, as doing so would amount to reviewing the earlier decision".
The defence began its case after three years of applications and appeals challenging the Sessions Court's decision in early September 2022 for the duo to answer to the prosecution's case. Bung Moktar had taken the stand and completed his testimony before his death.
Both mutual fund agents — Norhaili and Madhi — who gave the monies had testified in the prosecution's case. However, their testimonies in open court contradicted the statements that they had given to the Malaysian Anti-Corruption Commission.
The previous Sessions Court judge said she had looked at the evidence in totality and not just the testimonies of the two agents.
Zizie: I just want to move on with my life
Speaking to the press following the decision, Zizie said that she was relieved and just wants to "live her life" after being embroiled in this court case for seven years.
"I just want to live my life. I have five children and am a single mother now," she said.
The 47-year-old added she wished her late husband was here with her and pictured him next to her while the verdict was read.
She also thanked the judge, her team of lawyers and her family for their support.
For this case, the prosecution was represented by deputy public prosecutors Law Chin How and Fadly Zambry, while Zizie was represented by M Athimulan and Datuk K Kumaraendran.