THE prosecution has filed an appeal against a High Court decision to acquit and discharge Kinabatangan MP Bung Moktar Radin and his wife Zizie Izette Abdul Samad of corruption charges amounting to RM2.8 million, involving a RM150 million investment in Public Mutual Bhd unit trust.
Zizie’s lawyer, Teh See Khoon, confirmed that the prosecution had filed a notice of appeal on September 15.
“Yes, we were informed that the prosecution filed a notice of appeal last Friday,” he said.
On September 7, judge Azhar Abdul Hamid acquitted and discharged the couple after allowing their applications for a revision against the Sessions Court’s decision in ordering them to enter their defence on the corruption charges.
Azhar ruled that it was a fit and proper case to exercise revisionary power under section 323 of the Criminal Procedure Code.
The Sessions Court, on September 2 last year, ordered Bung and Zizie to enter their defence on all three corruption charges. This prompted them to file revision applications in the High Court against the Sessions Court’s ruling.
However, the High Court struck out their applications without hearing the merits of the applications after allowing the prosecution preliminary objections against the applications.
The couple subsequently filed the appeal to the Court of Appeal and on July 7, 2023, they won the appeal and the court remitted back the revision applications to the High Court for the merits of the applications to be heard.
On May 3, 2019, Bung, who was then the non-executive chairman of Felcra, was charged with two counts 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 trust.
He is alleged to have accepted the bribes from Public Mutual Bhd 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, while Zizie is facing three charges of abetting her husband over the matter at the same place, date and time. – Bernama, September 19, 2023.