KUALA LUMPUR: Kinabatangan member of parliament Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad have been ordered to enter their defence against charges of accepting RM2.8 million through corrupt means.
Sessions judge Rozina Ayob said the prosecution had proven a prima facie case based on the testimony of witnesses.
She said although there were contradictory statements from witnesses based on their oral testimony and written statements to the Malaysian Anti-Corruption Commission (MACC) investigators, these did not affect the charges against the accused.
"I have evaluated all the evidence with due caution and care and upon considering the whole evidence I am satisfied that all the ingredients of the charges against you have been proven by the prosecution at the prima facie level.
"I find that the evidence shows that the RM2.8 million was corruptly obtained by the accused," she said.
Bung Moktar and his wife later chose to given evidence under oath, which means they would be subject to cross-examination by the prosecutors.
The court was later informed that Bung Moktar would be calling eight witnesses while his wife would be calling two, including herself, to testify in their defence.
Meanwhile, there were some tense moments when the accused's lawyers were told to submit suitable dates for continuation of trial.
Bung Moktar's lead counsel M. Athimulan informed the court that the most suitable dates for the hearing would be after the next Parliament sitting which starts in October and ends in November.
He said the most suitable dates would be in December.
However, Rozina immediately shook her head and said she was giving priority to the case.
She made it clear that the defence stage should begin this month itself.
This prompted Zizie Izette's lead counsel Datuk K. Kumaraendran to jump up in protest.
"This is not right... I have other clients who are facing the death penalty and their cases have been fixed for hearing long before this.
"There are also others whose cases are pending for a long time. Why must this Datuk Seri's case be considered more important than the others," he said.
Rozina then said she wanted to see both counsels in chambers before calling for a short break.
After the court was called into session again, Rozina announced that the next hearing date would be Sept 23 followed by Sept 26.
The other dates fixed are Oct 14, 28, Nov 21, 30, Dec 1, 7 and Jan 3, 9-13, 2023.
It was reported that the prosecution closed its case after calling 30 witnesses to testify at the trial which began on Jan 2, 2020.
Among witnesses called to testify were former finance minister II Datuk Seri Ahmad Husni Hanadzlah, former Felcra Investments general manager Adnan Yusof, Felcra board member Dr Habibah Suleiman, MACC Assistant Superintendent Norsharil Saharom, as well as Public Mutual Investments agents, Madhi Abdul Hamid and Norhaili Ahmad Mokhtar.
The prosecution was conducted by Datuk Faridz Gohim Abdullah, Mohd Sophian Zakaria and Law Chin How.
On May 3, 2019, Bung Moktar pleaded not guilty to three charges of accepting bribes amounting to RM2.8 million to obtain approval for Felcrra Bhd to invest RM150 million in Public Mutual unit trust.
According to the first charge, Bung Moktar, who was then the non-executive chairman of Felcra, had accepted bribes of RM2.2 million in cash from Public Mutual's investment agent Madhi Abdul Hamid, through Zizie Izette.
He was accused of committing the offence at the Public Bank branch in Taman Melawati on June 12, 2015.
For the second charge, he was accused of accepting bribes of RM262,500 in cash from Madhi for a similar purpose.
Bung Moktar, 64, was also accused of accepting bribe of RM337,500 in cash from Public Mutual's investment agent Norhaili Ahmad Mokhtar on June 19, 2015.
The latter two offences were allegedly committed at the same location at 12.16pm and 12.28pm respectively on June 19, 2015.