Crime & Courts

Prosecution to object Bung Moktar, wife's bid to review Sessions Court order

KUALA LUMPUR: The prosecution in the RM2.8 million corruption case involving Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad will file a preliminary objection against the couple's motion to review the Sessions Court's order for them to enter their defence.

Deputy public prosecutor Law Chin How, who appeared for the prosecution, said this during case management before High Court judicial commissioner Datuk Azhar Abdul Hamid today.

Law said the review application should not be filed by way of motion as it takes away the discretionary power of the courts.

"This is according to Sections 35 and 36 of the Court of Judicature Act 1964. The mode is wrong and unknown in law," he said.

However, counsel M. Athimulan, who appeared for Bung Moktar, argued that there were three options of coming to a revision, making their application valid. 

"I need to see the prosecution's written submissions first before arguing further," he said.

The court fixed Nov 11 to hear the application.

The couple were scheduled to enter their defence for accepting RM2.8 million through corrupt means as ordered by Sessions Court judge Rozina Ayob on Sept 2.

However, on Sept 23, their case had been stayed pending the disposal of their application to review a lower court order requiring the duo to answer the charges brought against them.

They filed the application on the grounds of correcting Rozina's order against them.

On May 3, 2019, Bung Moktar, who is Sabah Umno chief, pleaded not guilty to three charges of accepting bribes amounting to RM2.8 million to get approval for Felcra Bhd to invest RM150 million in Public Mutual unit trust funds.

According to the first charge, Bung Moktar, who was then the non-executive Felcra chairman, had accepted bribes of RM2.2 million in cash from Public Mutual's investment agent Madhi Abdul Hamid through Zizie Izette.

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.

He was accused of committing the first offence at the Public Bank branch in Taman Melawati on June 12, 2015.

The second and third offences were allegedly committed at the same location at 12.16pm and 12.28pm, respectively, on June 19, 2015.

Zizie Izette, 44, pleaded not guilty to three charges of abetting her husband in the matter at the same place, date and time.

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