KUALA LUMPUR, Sept 2 — Kinabatangan MP Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad will enter their defence on three counts of corruption charges amounting to RM2.8 million in connection with Public Mutual Berhad unit trust investments on Sept 23.
Bung Moktar, 64, and Zizie Izette, 44, chose to testify under oath from the witness stand where the prosecution will question them during cross-examination.
Earlier, Sessions Court Judge Rozina Ayob ordered the couple to enter their defence after finding that the prosecution had made a prima facie case against the two accused at the end of the prosecution case.
Rozina gave the couple three options – to remain silent; to testify from the accused dock while not under oath, or to testify under oath on the witness stand that can be cross-examined.
Meanwhile, lawyer M. Athimulan, representing Bung Moktar, told the court that eight witnesses including his client will testify while Datuk K. Kumaraendran, Zizie Izette’s lawyer, told the court that only two witnesses, including the actress, will testify at the trial that is scheduled to run for 14 days.
Rozina in her judgment said that even if there was a discrepancy between the recorded conversations of the two main prosecution witnesses and their oral testimony in open court, it did not affect the charges faced by the two accused.
They are the 24th prosecution witness (SP24), Public Mutual agent Madhi Abdul Hamid and the 25th prosecution witness, unit trust consultant Norhaili Ahmad Mokhtar.
“However, the court took note of the contradiction and after carefully examining the testimony of SP24 and SP25, the court accepted the evidence of the two witnesses presented in this court.
“After examining the testimony of the prosecution witnesses and the arguments of the prosecution and defence, I am satisfied and find that all the charges under Subsection 17(a) of the Malaysian Anti-Corruption Commission Act (MACC) 2009 against the first accused, Bung Moktar has been successfully proven by the prosecution to the prima facie stage,” the judge said.
Rozina said that it has been proven that RM2.8 million was obtained through the second accused, Zizie Izette.
“Accordingly, the presumption under Section 50 of the MACC Act 2009 applies where Bung Moktar is considered to have obtained the bribe as an inducement to perform an act related to his principal affairs by obtaining approval from the Minister of Finance II for Felcra Berhad to invest RM150 million in Public Mutual Berhad unit trusts,” she added.
At that time, Bung Moktar was Felcra non-executive chairman.
Accordingly, the court ordered the first accused (Bung Moktar) to enter his defence on all three charges.
For Zizie Izette, the judge said the court was satisfied that all the charges under Subsection 28 (1) (c) of the MACC Act against her had been successfully proven by the prosecution at a prima facie level.
“Therefore, the second accused is also called to enter her defence on all three charges,” said Rozina.
After the judge said the trial would be set this month, Athimulan said the suitable dates will be in December to allow Bung Moktar to attend the Parliament sitting on Oct 3 and Nov 29, while Kumaraendran said he needed time to prepare.
The court then fixed the trial on Sept 23.
On May 3, 2019, Bung Moktar pleaded not guilty to 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.
Bung Moktar, who was the non-executive chairman of Felcra at the time, was accused of accepting bribes from Madhi through Zizie Izette at Public Bank’s Taman Melawati branch here between 12.30 pm and 5 pm on June 12, 2015.
He also pleaded not guilty to accepting an RM337,500 cash bribe from Norhaili under the name of Zizie Izette for similar reasons, at the same place on June 19, 2015, while Zizie Izette pleaded not guilty to three charges of abetting her husband in the matter at the same place, date and time.
The prosecution is being handled by Deputy Public Prosecutor Datuk Faridz Gohim Abdullah, Mohd Sophian Zakaria and Law Chin How.
