PUTRAJAYA: The Court of Appeal has fixed Nov 28 to deliver its verdict on an appeal by former Felda chairman Tan Sri Mohd Isa Abdul Samad against his conviction and six years' jail sentence and the RM15.4 million fine on nine counts of corruption involving RM3.09 million over the authority's purchase of a hotel in Kuching.
Deputy public prosecutor Afzainizam Abdul Aziz, when contacted, confirmed the decision date for the appeal, saying that the defence had filed its additional submissions and the prosecution had also filed its reply submission as requested by the court.
On Oct 14, this year, the appellate court's three-member bench comprising Datuk Vazeer Alam Mydin Meera, Datuk Ahmad Zaidi Ibrahim and Datuk S.M. Komathy Suppiah, reserved their decision on the appeal after they completed hearing submissions from the defence and prosecution.
Isa, 73, was found guilty by the High Court on Feb 3, 2021, on nine bribery charges amounting to RM3 million in the Felda acquisition of Merdeka Palace Hotel & Suites in Kuching.
The offences allegedly took place on the 49th Floor of Menara Felda, Platinum Park, No 11, Persiaran KLCC, Kuala Lumpur between July 21, 2014, and Dec 11, 2015.
High Court judge Mohd Nazlan Mohd Ghazali (now Court of Appeal judge) handed down a sentence of six years for each offence with a cumulative total of 54 years imprisonment term and a fine of RM15.45 million or 18 years imprisonment in lieu of the fine.
The High Court ordered the sentence to run concurrently, which means Isa is to serve only six years.
Isa, who is also a former Negri Sembilan menteri besar, filed the notice of appeal on Feb 4, 2021.
He was also allowed bail of RM1.5 million pending disposal of his appeal, but required to report to the nearest police station on the first of every month until the appeal is settled.
During the appeal proceedings, Isa's lawyer Datuk Salehuddin Saidin submitted that his client should be acquitted and discharged on all the charges as the facts of the case showed there was no evidence showing that he (Isa) received the monies.
He also said the judge failed to give proper attention to all the evidence before the court and he also did not assess the overall evidence before arriving at a conclusion.
Afzainizam, however, argued Isa had intended to get the gratification, and although he (Isa) did not deal directly with businessman Ikhwan Zaidel in any of the transactions by which the sum was paid, the money was handled by his former aide Muhammad Zahid Arip in a discreet manner.
He said the gratification was paid for fear that Isa may use his influence to cancel or delay payment for the acquisition of the hotel, adding that Felda's subsidiary Felda Investment Corporation Sdn Bhd had previously rejected a proposal to purchase the hotel. — Bernama