Isa Samad to take the stand tomorrow over RM3 mln graft charges

His counsel, Datuk Salehuddin Saidin, when contacted, said his client will be the first defence witness to testify tomorrow.

The case has been fixed for 9 am before High Court Judge Mohd Nazlan Mohd Ghazali. The judge had previously fixed three days to hear the defence case beginning Aug 17 until 19.

Mohd Isa, 71, opted to testify under oath from the witness box, where he will be subject to cross-examination by the prosecution.

On June 19, Justice Mohd Nazlan ordered Mohd Isa to enter his defence on nine corruption charges after finding the prosecution had successfully adduced credible evidence proving each and every essential ingredient of the offence of accepting gratification under Section 16 (a) (A) of the Malaysian Anti-Corruption Commission (MACC) Act.

The judge also ruled that the nine cash withdrawals by a prosecution witness, a shareholder and director of JV Evolution Sdn Bhd, Azizi Abdul Wahab sufficed as credible evidence to establish the ingredients of the offence of receiving gratification by Mohd Isa.

JV Evolution Sdn Bhd was the agent appointed by Gegasan Abadi Properties Sdn Bhd (GAPSB), whom former director was Ikhwan Zaidel, 60, for the sale of MPHS by GAPSB, the owner of the hotel at that time.

“Ikhwan then handed over the cash to Mohd Isa’s special officer, Muhammad Zahid Md Arip, who finally gave the cash to the accused as stated in all the nine charges,” the judge said.

The court however acquitted Mohd Isa of one criminal breach of trust (CBT) charge he faced involving the same hotel after finding the prosecution failed to prove prima facie case against him on that charge.

The prosecution closed its case on Jan 14 this year after 15 days of hearing with 22 witnesses called to testify.

Mohd Isa was charged with nine counts of dishonestly receiving gratification for himself, in cash totalling RM3,090,000 from Ikhwan Zaidel, who is a board member of Gegasan Abadi Properties Sdn Bhd, through one Muhammad Zahid Md Arip, as gratification for helping to approve the purchase of the hotel by FICSB for RM160 million.

All the offences were allegedly committed at Level 49, Menara Felda, Platinum Park, No. 11, Persiaran KLCC near here between July 21, 2014, and Dec 11, 2015.

Each charge, framed under Section 16a(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, punishable under Section 24(1) of the same law, provides a jail term of not exceeding 20 years and a fine of at least five times the bribe amount, or RM10,000, whichever is higher, upon conviction.