Prosecution files preliminary objection to Bung Moktar, wife's appeal

The prosecution has filed a preliminary objection to the appeals by Bung Moktar Radin and his wife, Zizie Izette Abdul Samad, over the court's decision ordering them to enter their defence on three corruption charges.

Deputy public prosecutor Law Chin How, when contacted by reporters, said the notice of the preliminary objection was filed at the Court of Appeal on March 7 and case management for the appeal was set for May 22 before Court of Appeal deputy registrar Mohd Khairi Haron.

According to Law, the defence proceeding of the two accused has been set for June 15 at the Sessions Court.

Meanwhile, the notice of the preliminary objection filed by the prosecution was due to the High Court's decision being not appealable under Section 50 of the Court of Judicature Act 1964.

The Kinabatangan MP and his wife had filed separate review applications on Sept 19 last year, among other things, asking the High Court to call and examine the records of the proceedings at the Sessions Court which heard their case and ordered them to enter their defence against charges of corruption and abetment. 

In the application, both of them sought an order from the High Court to revoke the decision of the Sessions Court.

Both applicants said the judge had erred in law and fact in ruling that the prosecution had proved that they had received bribes from two investment agents who were key witnesses in the case.

On Dec 9 last year, the couple failed their application to review the decision of the Sessions Court following a decision by  High Court judicial commissioner Azhar Abdul Hamid in allowing an initial objection by the prosecution.

The couple was ordered by the Sessions Court on Sept 2 last year to enter their defence on corruption charges involving RM2.8 million in connection with Public Mutual Berhad unit trust investments.

Bung Moktar was charged on  May 3, 2019, with two counts of accepting bribes amounting to RM2.2 million and RM262,500, respectively, as an inducement to obtain Felcra's approval to invest RM150 million in Public Mutual unit trusts.

He was charged with accepting bribes from a public mutual agent, Madhi Abdul Hamid, through Zizie Izette at Taman Melawati Public Bank branch between 12.30pm and 5pm on June 12, 2015.

Bung Moktar was also charged with accepting a cash bribe of RM337,500 from Unit Amanah consultant, Norhaili Ahmad Mokhtar under the name of Zizie Izette for the same reason and at the same place on June 19, 2015.

Zizie Izette meanwhile was charged with three counts of abetting with her husband at the same place, date and time.