KUALA LUMPUR: Tan Sri Mohd Isa Abdul Samad was today ordered to enter his defence against charges that he corruptly received more than RM3 million in the purchase of Merdeka Palace Hotel & Suites by Felda Investment Corporation Sdn Bhd (FICSB).
High Court judge Mohd Nazlan Mohd Ghazali ordered the former Felda chairman to enter his defence on nine counts of corruption in connection with the purchase of the hotel in Kuching, Sarawak.
However, Mohd Isa was acquitted and discharged of a criminal breach of trust (CBT) charge he faced which involved the same hotel.
In his findings, Nazlan said credible evidence was successfully adduced during the course of trial and there was sufficient evidence to prove every essential elements of the offence of accepting gratification.
This, he said included the series of cash withdrawals which went through three individuals before it was handed over to Mohd Isa's special officer who finally gave the cash to him as stated in all the nine charges under Section 16 (a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
"In view of the evidence of the receipt of the cash by the accused, I therefore invoke the statutory presumption under Section 50 of MACC for the defence to rebut and show that the gratification was not received corruptly and that it was not obtained as a reward for the accused's involvement in the approval of the hotel purchase by the FICSB board.
"A prima facie case has therefore been made out against the accused in respect of the nine charges under Section 16 (a)(A)," he said at the end of the prosecution's case.
He added that the charges which if left unrebutted or unexplained, would warrant a conviction.
Three days were fixed from August 17 for Mohd Isa to make his case.
Mohd Isa told the court that he would give sworn evidence from the witness box.
Meanwhile, in acquitting Mohd Isa of the single CBT charge, Nazlan said the minutes of the 10th meeting of the FICSB board on April 29, 2014 clearly showed that the purchase of Merdeka Palace for RM160 million was approved by the FICSB board and this fact was not disputed.
He said under the law, the accused although as the chairman or director of FICSB entrusted with the company's funds, did not have the requisite authority, thus could not had approved the purchase.
"Since it was the board of FIC and not the accused who approved the purchase of the hotel and the accused was never authorized to approve the disposal of company funds for investment purposes, the allegation in the charges that the accused had approved the disposal of company funds cannot be established.
"On this ground alone, the CBT charge cannot be sustained," Nazlan said.
Mohd Isa's lawyer Datuk Salehuddin Saidin when met after the proceedings said the defence will make their rebuttal on the presumption of Section 50 of the Act on their day in court.
"In August, the defence will make its rebuttal on the presumption of Section 50 and at that stage, the court will again decide whether the defence succeeds in its rebuttal against the charge," he said.
Deputy public prosecutor Afzainizam Abdul Aziz led the prosecution team.
On Dec 14, 2018, Mohd Isa pleaded not guilty to one count of criminal breach of trust (CBT) and nine counts of receiving gratification amounting to more than RM3 million, by approving a proposal for the purchase of a hotel in Kuching, Sarawak, for FICSB
He allegedly committed the CBT offence at Level 50, Menara Felda, Platinum Park, No. 11, Persiaran KLCC near here on April 29, 2014.
The charge under Section 409 of the Penal Code carries an imprisonment for up to 20 years, whipping and fine, if found guilty.
On the corruption counts, Mohd Isa was charged with committing the offences at Level 49, Menara Felda, between July 21, 2014, and Dec 11, 2015.
The charges framed under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, punishable under Section 24(1) of the same law carries a jail term of not exceeding 20 years and a fine of at least five times the bribe amount, or RM10,000, whichever is higher, upon conviction.