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No hearing date for Bung Moktar, wife's appeal so far as court records pending

Publish date: Wed, 22 Mar 2023, 10:53 PM

KUALA LUMPUR (March 22): A hearing date has yet to be set for Kinabatangan MP Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad's appeal relating to a lower court's decision that they enter their defence in their graft trial.

This is because the High Court has yet to finalise the appeal records. Accordingly, the Court of Appeal (COA) has fixed another case management date for the matter on May 22.

Deputy public prosecutor Law Chin How confirmed the matter with The Edge when contacted.

In criminal appeals, the court registry prepares and delivers to parties the appeal records which would contain the notes of evidence, exhibits and grounds of judgment.

The duo are appealing the High Court's decision in early December to dismiss their applications challenging Sessions Court judge Rozina Ayob's order on Sept 2 for them to enter their defence in their graft trial.

The judge found that the prosecution in the couple's corruption case had established a prima facie case involving RM2.8 million related to a Felcra Bhd investment.

The couple had filed applications for a revision, on the grounds of the "correctness of the decision". The High Court agreed with the prosecution's preliminary objection that the couple's mode of application - by way of a motion instead of a letter - was defective and dismissed their applications.

In January, the High Court granted the duo a stay from entering their defence in their ongoing graft trial pending the disposals of their appeals.

It was reported that last month, Rozina had set several days beginning June 15 for the duo to enter their defence. She had also commented that the trial had been ongoing for a long time.

Bung Moktar was charged in 2019. He was accused of accepting bribes of RM2.2 million in cash from Public Mutual investment agent Madhi Abdul Hamid through Zizie.

For the second charge, Bung Moktar, who was then the non-executive chairman of Felcra, is accused of accepting bribes of RM262,500 in cash from Madhi for a similar purpose.

He is also accused of accepting a bribe of RM337,500 in cash from Public Mutual investment agent Norhaili Ahmad Mokhtar.

All the offences were said to take place in June 2015. Meanwhile, Zizie faces three abetment charges.

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