Court to decide on preliminary objection in Bung Moktar, Zizie Izette's review application on Dec 9

KUALA LUMPUR: The High Court here today fixed Dec 9 to decide on the prosecution's preliminary objection against Datuk Seri Bung Moktar Radin and his wife's application to review the Sessions Court's decision in ordering them to enter their defence on the charges of corruption and abetment.

High Court Judicial Commissioner (JC) Datuk Azhar Abdul Hamid set the date after hearing submissions from deputy public prosecutor Law Chin How and lawyer M. Athimulan who appeared for Bung Moktar, as well as Datuk K. Kumaraendran who appeared for Datin Seri Zizie Izette Abdul Samad.

"I needed more time to deliberate on the written and oral submissions by both parties," said the JC.

Earlier, Law argued that both the accused cannot present affidavits and notes of proceeding for a revision because in a criminal case, any records must come from the court and not from the couple by way of affidavits.

Meanwhile, the couple's lawyer, Athimulan and Kumaraendran submitted their replies in rebuttal against the prosecution's objection.

"The question is whether filing a motion is legally sustainable. The legal process of inviting the court to exercise its revisionary jurisdiction by way of motion is to secure the ends of justice and not to abuse the process of the court.

"Neither the Court of Judicature Act nor the Criminal Procedure Code mandates that only a letter must be sent for criminal revision. Either by letter or by motion, no applicant can compel this court to hear the revision at the whim and caprice of the applicant. The law is clear," Athimulan submitted.

Meanwhile, Kumaraendran cited Indian case law and argued that the High Court should not dismiss a revision application based on procedural irregularities.

The Kinabatangan MP and his wife filed separate review applications on Sept 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 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 Sept 2, 2022, the Sessions Court here ordered the couple to enter their defence on corruption charges involving RM2.8 million in connection with Public Mutual Berhad unit trust investments.

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 a Public Mutual agent, Madhi Abdul Hamid, through Zizie Izette at Taman Melawati Public Bank Branch here between 12.30 pm and 5 pm 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.

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