AGC lists 7 reasons in appealing against Bung Moktar’s acquittal
Prosecution contends that high court judge erred in his use of revisionary powers.
THE Attorney-General’s Chambers outlined seven reasons challenging the high court’s decision to acquit and discharge Datuk Seri Bung Moktar and his wife Datin Seri Zizie Izette Abd Samad from corruption charges involving RM2.8 million.
In the May 3 petition, the prosecution contended that the high court judge had erred in his use of revisionary powers when he allowed a criminal review application by Bung Moktar and Zizie.
This resulted in their discharge not amounting to an acquittal (DNAA).
Deputy public prosecutor Low Chin How argued that the trial judge had given undue weight to the evidence presented by the appellant (prosecution) during the prosecution case.
According to reports in The New Straits Times, he said the judge also failed to fully consider testimonies of key witnesses Public Mutual investment agents Norhaili Ahmad Mokhtar and Madhi Abdul Hamid.
“The judge also made a mistake by failing to consider that there was no miscarriage of justice to the respondents as prima facie is not a conclusive decision for the alleged offence against them,” he said.
Low also said the judge made an error in terms of law and facts when reevaluating the testimonies of Norhaili and Madhi in exercising the power of review under Section 325 of the Criminal Procedure Code and Section 35 of the Courts of Judicature Act 1964.
“The court also erred when relying solely on the oral prima facie decision made by the sessions court without evaluating the complete written judgement and overlooking the admissibility of partial hostile evidence given by Norhaili and Madhi.
“The judge failed to consider the admissibility of partial hostile evidence given by the duo (Norhaili and Madhi).”
On September 7, 2023, high court judge Datuk Azhar Abdul Hamid acquitted and discharged the couple after allowing their applications for a revision against the sessions court’s decision ordering them to enter their defence.
On May 3, 2019, Bung Moktar was charged with two counts of accepting bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra approval to invest RM150 million in Public Mutual unit trusts.
He was alleged to have accepted bribes from Public Mutual Bhd’s investment agent Madhi through Zizie Izette at Public Bank’s Taman Melawati branch between 12.30pm and 5pm on June 12, 2015.
Bung Moktar was also charged with receiving RM337,500 in cash from Unit Amanah consultant Norhaili, under the name of Zizie Izette, for the same reason and at the same place on June 19, 2015.
Zizie Izette, meanwhile, was facing three charges of abetting her husband over the matter at the same place, date and time.
– May 8, 2024
