Kuala lumpur: The Federal Court today dismissed former Federal Land Development Authority (Felda) chairman Datuk Mohd Isa Abdul Samad's application for leave to review the decision of its previous panel in reinstating his corruption conviction, six-year prison sentence, and RM15.45 million fine.
According to BERNAMA News Agency, a three-member bench comprising Chief Judge of Sabah and Sarawak Datuk Azizah Nawawi and Federal Court judges Datuk Collin Lawrence Sequerah and Datuk Ravinthran N. Paramaguru ruled that there had been no miscarriage of justice in the previous proceedings. Delivering the unanimous decision, Justice Azizah said Mohd Isa, through his legal counsel, had been given a full opportunity to present submissions on the merits of his defense as well as mitigation during the earlier Federal Court hearing.
Justice Azizah explained that the previous Federal Court panel had the power to re-evaluate the evidence considered by both the High Court and the Court of Appeal before deciding to overturn the Court of Appeal's ruling and restore the High Court's conviction and sentence. She emphasized that the applicant's rights to appeal and to be heard had been fully respected, but he chose not to fully utilize the opportunity provided.
She noted that since both the conviction and sentence were under appeal, it was for the parties themselves to determine how they wished to present their cases. 'In this matter, the applicant's counsel chose to focus on defending the Court of Appeal's decision rather than addressing the merits of the defense before the Federal Court. Having taken that approach, the applicant cannot now claim that he was denied the right to be heard,' she stated.
Justice Azizah added that the record of proceedings showed the Federal Court had at no point restricted or prevented Mohd Isa from advancing arguments before reserving its decision. Addressing the argument that Mohd Isa was denied the opportunity to mitigate before the Federal Court delivered its judgment, she said no procedural failure had occurred as the court was exercising appellate jurisdiction.
She further noted that Mohd Isa did not raise any objection or request additional mitigation proceedings at the time and therefore could not later allege a denial of his right to be heard. On Feb 3, 2021, the High Court found him guilty and sentenced him to six years' imprisonment and a RM15.45 million fine, with an additional two years' jail in default of payment. However, on March 6, 2024, the Court of Appeal overturned the conviction and acquitted him on all nine corruption charges involving RM3 million linked to Felda Investment Corporation Sdn Bhd's purchase of the Merdeka Palace Hotel and Suites in Kuching, Sarawak.
Mohd Isa, 76, is currently serving a six-year prison sentence after the Federal Court on Feb 10 this year allowed the prosecution's appeal and reinstated his conviction, jail sentence and fine. The former Negeri Sembilan Menteri Besar was accused of receiving RM3.09 million in bribes from then Gegasan Abadi Properties Sdn Bhd director Ikhwan Zaidel through his former special officer, Muhammad Zahid Md Arip, as an inducement to approve the RM160 million acquisition of the hotel by Felda Investment Corporation Sdn Bhd.
Earlier, Mohd Isa's counsel, Hisyam Teh Poh Teik, argued that his client had suffered a serious miscarriage of justice because the earlier Federal Court panel allegedly deliberated on the defense case without giving him an opportunity to respond on the merits of the defense. Deputy Public Prosecutor Afzainizam Abdul Aziz, however, submitted that Mohd Isa's legal team had been given the opportunity to address both the merits of the defense and mitigation but chose not to do so.
Following today's decision, Mohd Isa's remaining legal avenue is to seek a royal pardon from the Yang di-Pertuan Agong.