Prosecution files preliminary objection to appeal by Bung Moktar, wife over Sessions Court's decision

KUALA LUMPUR - The prosecution has filed a preliminary objection to the appeals by Datuk Seri Bung Moktar Radin and his wife, Datin Seri Zizie Izette Abdul Samad, over the court's decision in ordering them to enter their defence on three corruption charges.

Deputy public prosecutor Law Chin How, when contacted by reporters, said the notice of the preliminary objection was filed at the Court of Appeal last March 7 and the court had set May 22 for case management of the appeal before Court of Appeal Deputy Registrar Mohd Khairi Haron.

According to Law, the defence proceeding of the two accused had been set for June 15 at the Sessions Court here.

Meanwhile, based on the notice of the preliminary objection filed by the prosecution, it was on the grounds that the High Court's decision was not an appealable decision in accordance with Section 50 of the Court of Judicature Act 1964.

The Kinabatangan MP and his wife had filed separate review applications on Sept 19 last year, among other things, asking the High Court to call and examine the records of the proceedings at the Sessions Court which heard their case and ordered them to enter their defence against charges of corruption and abetment.

In the application, both of them sought an order from the High Court to revoke the decision of the Sessions Court.

Both applicants said the judge had erred in law and fact in ruling that the prosecution had proved that they had received bribes from two investment agents who were key witnesses in the case.

On Dec 9 last year, the couple failed in their application to review the decision of the Sessions Court following a decision by High Court Judicial Commissioner Datuk Azhar Abdul Hamid in allowing an initial objection by the prosecution.

The couple was ordered by the Sessions Court on Sept 2 last year to enter their defence on corruption charges involving RM2.8 million in connection with Public Mutual Berhad unit trust investments.

Bung Moktar was charged on May 3, 2019, with two counts accepting bribes amounting to RM2.2 million and RM262,500, respectively, as an inducement to obtain Felcra's approval to invest RM150 million in Public Mutual unit trusts.

He was charged with accepting bribes from a Public Mutual agent, Madhi Abdul Hamid, through Zizie Izette at Taman Melawati Public Bank Branch here between 12.30 pm and 5 pm on June 12, 2015.

Bung Moktar was also charged with accepting a cash bribe of RM337,500 from Unit Amanah consultant, Norhaili Ahmad Mokhtar under the name of Zizie Izette for the same reason and at the same place on June 19, 2015.

As for Zizie Izette, she was charged with three counts of abetting with her husband in relation to the matter at the same place, date and time. - BERNAMA