No evidence of Muhammad Zahid conspiring with others to persecute Isa Samad - Judge

The individuals are the 15th prosecution witness (SP15) former chief executive officer of Felda Investment Corporation Sdn Bhd (FICSB) Mohd Zaid Abdul Jalil; former board member of Gegasan Abadi Properties Sdn Bhd (GAPSB) Ikhwan Zaidel (SP16) and shareholder and director of JV Evolution Sdn Bhd (JVESB) Azizi Abdul Wahab (SP17).

Judge Mohd Nazlan Mohd Ghazali in his judgment said there was no evidence to show that Muhammad Zahid who is the 21st prosecution witness (SP21) had a motive to abuse the accused's position to solicit bribes from Ikhwan for himself.

“Furthermore, why would SP16 hand over more than RM3 million to SP21 who is only the accused’s special aide and does not have any authority in the purchase of Merdeka Palace Hotel & Suites (MPHS) from GAPSB by FICSB, including in terms of negotiations, approvals and payments?

“There is no reasonable excuse for SP17 and SP16 as the businessmen who benefit from FICSB's consent and approval on the purchase of MPHS from GAPSB to plan to cheat and persecute the accused.

“In addition, the source of the bribe was from the payment for MPHS purchase by FICSB to GAPSB which has enabled SP16 to pay JVESB the promised commission for its role as an agent,” he said.

Mohd Isa was today sentenced to a total of 54 years in prison and a fine of RM15.45 million, in default 18 years’ jail, after the court found him guilty of nine counts of corruption involving RM3 million over the agency’s purchase of Merdeka Palace Hotel & Suites (MPHS) in Kuching, Sarawak.

The 71-year-old former Menteri Besar of Negeri Sembilan was sentenced to six years’ jail on each count of the charges but only has to serve six years in prison after the judge ordered the prison sentences to be served concurrently.

The judge said the court found the narrative raised by the defence that the bribe was actually a result of a conspiracy by SP15, SP17, SP16 and SP21 to be used as 'political funds' which were actually misappropriated by those who conspired to share it and persecute the accused, had no merit at all.

“The court cannot accept this theory. There was no evidence, including by defence witnesses, who hinted that this had actually happened,” he said.

The judge said the accused had, in his oral testimony, mentioned new things about his former political aide making a confession that he had implicated the accused.

“According to the accused, it occurred not once, but twice. It was obvious to the court that these matters were not asked to SP21 at the prosecution stage. No questions were asked to SP21 about him being depressed while being detained under remand at the allegedly haunted old building of the Malaysian Anti-Corruption Commission (MACC).