Bung, wife denied leave to review decision ordering them to enter defence
PUTRAJAYA : The Court of Appeal has dismissed a leave application by Kinabatangan MP Bung Moktar Radin and his wife, Zizie Izette Abdul Samad, for a review of another bench's ruling ordering them to enter their defence on charges of corruption.
A three-member bench chaired by Justice Che Ruzima Ghazali said the threshold for a review of the earlier appeals court decision had not been met.
'The threshold for review is high, and as the apex court (for subordinate courts), we are cautious in exercising such power as it goes against the principle of finality.
'Such power can only be exercised in exceptional cases. Applicants must show there was injustice and that they have no alternative remedy,' he said.
He said the applicants in this case had alternative remedies, as the points raised could be argued during an appeal in the High Court if the sessions court convicts them.
Also hearing the application were Justices Azizul Azmi Adnan and Ahmad Kamal Shahid.
Sessions court judge Rosli Ahmad had fixed a nine-day hearing from Aug 18.
The couple was ordered to enter their defence last November on charges of corruption and abetment over a RM150 million Felcra investment.
A three-member Court of Appeal bench had overturned Bung and Zizie's acquittal by the High Court.
Justice Zaini Mazlan, who delivered the decision, said the revision application the couple had filed in the High Court was improper as it was akin to an appeal.
The couple filed an application in March seeking leave for review under Rule 105 of the Rules of the Court of Appeal 1994, contending that the previous bench lacked the jurisdiction to hear the prosecution's appeal.
Bung, the non-executive chairman of Felcra at the time, is charged with two counts of receiving bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra's approval to invest RM150 million in Public Mutual unit trusts.
He is alleged to have accepted the bribes from Norhaili Madhi, a Public Mutual investment agent, through Zizie at Public Bank's Taman Melawati branch between 12.30pm and 5pm on June 12, 2015.
He is also charged with receiving a bribe of RM337,500 from Norhaili under Zizie's name at the same location on June 19, 2015.
Zizie faces three charges of abetting Bung in the commission of the alleged offences.
On Sept 2, 2022, the sessions court ordered the couple to enter their defence after ruling that the prosecution had established a prima facie case against them.
On Sept 7, 2023, the High Court, which heard a revision application brought under Section 323 of the Criminal Procedure Code, acquitted the duo. However, that decision was set aside on appeal.
Lawyer M Athimulan appeared for Bung and K Kumaraendran for Zizie, while deputy public prosecutors Law Chin How and Fadhly Zamry represented the prosecution.
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