KUALA LUMPUR – The prosecution in the case of Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad’s corruption case today has objected to the couple’s applications for a review of the sessions court’s decision in ordering them to enter their defence on the charges.
Deputy public prosecutor Law Chin How told the court that the prosecution had submitted a preliminary objection on the grounds that the application should not have been filed through a notice of motion.
He said the method of filing the notice of motion by the couple was wrong and contrary to Sections 35 and 36 of the Courts of Judicature Act 1964, read together with Sections 325 and 326 of the Criminal Procedure Code.
“The review application should be heard at the court’s discretion and not by a notice of motion where the court has to hear the merits (revision) without any discretion,” he said, adding that the prosecution would file the preliminary objection today.
Lawyer M. Athimulan, represented Bung Moktar, said the court has the discretion to review decisions under Sections 31 and 35 of the Courts of Judicature Act 1964
According to him, there are three methods based on previous court decisions that are used in review applications, among them is the court can call for the record of the proceedings to be reviewed.
High Court judicial commissioner (JC) Datuk Azhar Abdul Hamid then set November 11 to hear the preliminary objection.
Earlier, JC Azhar allowed Zizie Izette’s application to combine her review application with that of her husband after Athimulan informed the court that the prosecution had no objection to it.
On September 23, judge Datuk Collin Lawrence Sequerah allowed the application by Bung Moktar, 64, and Zizie Izette, 44, to postpone their trial at the sessions court after the couple filed a notice of motion to review and set aside the decision made by the sessions court judge on September 2.
The Kinabatangan Parliament member and his wife filed separate review applications on September 19, among other things, asking the high court to call and examine the records of the proceedings in the sessions court which heard their case and ordered them to enter their defence against charges of corruption and abetment.
In the application, both 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 May 3, 2019, Bung Moktar was charged with two charges of accepting bribes amounting to RM2.2 million and RM262,500 as an inducement to obtain Felcra's approval to invest RM150 million in Public Mutual unit trusts.
He was charged with accepting bribes from Public Mutual agent, Madhi Abdul Hamid, through Zizie Izette at Taman Melawati Public Bank Branch here between 12.30 pm and 5pm on June 12, 2015.
The Umno Supreme Council member 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.
As for Zizie Izette, she was charged with three counts of abetting with her husband in relation to the matter at the same place, date and time. – Bernama, October 17, 2022
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