KUALA LUMPUR (Aug 18): The prosecution is appealing Datin Seri Zizie Izette Abdul Samad's acquittal over abetting her late husband Datuk Seri Bung Moktar Radin for allegedly receiving RM2.8 million in bribes.
The notice of appeal was filed on July 31, according to the document sighted by The Edge. The matter is slated for case management on Wednesday (Aug 19) before High Court senior assistant registrar Azdianur Abu Samah.
Last month, Sessions Court judge Rosli Ahmad acquitted Zizie of all three abetment charges, ruling that the 47-year-old had successfully raised reasonable doubt while the prosecution had 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. In her defence, Zizie testified that the monies were an "introductory fee", which was a normal practice with the agency.
In his decision, Rosli said that he did not find that Zizie had intentionally aided or conspired with her late husband or the mutual fund 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," Rosli said.
Citing case law, he added : [...] That if 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]."