THE Court of Appeal’s three-member bench comprising Justices Hadhariah Syed Ismail, Azman Abdullah and Azmi Ariffin today remitted the revision applications filed by Kinabatangan member of parliament Bung Moktar Radin and his wife, Zizie Izette Abdul Samad, to the High Court for the merits of their applications to be heard. 

The couple filed the revision applications to challenge the Sessions Court decision ordering them to enter their defence on three corruption charges last year. 

Justice Hadhariah, who chaired the bench, said when a revision application is filed, it is the duty of the High Court to consider the merits of the application, irrespective of whatever mode the revision application is filed in. 

She said the High Court did not do so when it dismissed the couple’s revision applications based on grounds that they had used the wrong mode to file the revision. 

She said there was no specific mode mentioned in the Courts of Judicature Act 1964 on how a revision could be done. 

She said the High Court judge, on his own motion, could call up a case for revision after reading the newspaper or calling for the files or at the instance of any party interested at any stage of the proceeding. 

“In this case, the (revision) applications were made by the counsel of the accused at the stage of prima facie case,” she said.  

She then fixed July 14 for case management in the High Court. 

On December 9, last year, High Court Judicial Commissioner Azhar Abdul Hamid dismissed the couple’s revision applications without hearing its merits.  

Justice Azhar rejected the revision applications after accepting the prosecution’s preliminary objection that the applications were improper as they had used the wrong method to do so.

The Sessions Court, on September 2, last year, ordered Bung and Zizie to enter their defence on the corruption charges amounting to RM2.8 million involving a RM150 million investment in Public Mutual Bhd unit trust.  

This prompted them to file the revision applications in the High Court. Following the High Court’s dismissal of their bids, they took their applications to the Court of Appeal. 

In today’s proceedings, the court heard a preliminary objection by the prosecution that said the High Court’s decision was not appealable. 

On May 3, 2019, Bung Moktar was charged with two charges of accepting bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra approval to invest RM150 million in Public Mutual unit trusts.  

He is alleged to have accepted the bribes from Public Mutual Bhd’s investment agent Madhi Abdul Hamid through Zizie at the Public Bank Taman Melawati branch between 12.30pm and 5pm on June 12, 2015. 

Bung was also charged with receiving RM337,500 in cash from Unit Amanah consultant Norhaili Ahmad Mokhtar, under the name of Zizie for the same reason and place on June 19, 2015. 

Zizie is facing three charges of abetting her husband at the same place, date, and time. 

Bung was represented by lawyer M. M. Athimulan while lawyer K. Kumaraendran acted for Zizie. Deputy public prosecutor Law Chin How appeared for the prosecution. – Bernama, July 7, 2023.