Kuala lumpur: The Federal Court has scheduled February 10 to deliver its decision on the prosecution's appeal against the acquittal of former Felda chairman Tan Sri Mohd Isa Samad, who faced nine corruption charges involving RM3.09 million.
According to BERNAMA News Agency, a three-member panel led by Federal Court Judge Datuk Nordin Hassan noted that the court needs time to evaluate the submissions from both sides and to review the previous Court of Appeal judgment. "The decision is fixed for Feb 10 at 9.00 am," he stated.
The panel, which also included Justices Datuk Lee Swee Seng and Datuk Che Mohd Ruzima Ghazali, listened to oral arguments from both the prosecution and the defense during the proceedings.
The appeal is a result of the Court of Appeal's decision on March 6, 2024, which reversed the High Court's conviction of Mohd Isa, along with a six-year imprisonment sentence and a fine of RM15.45 million.
On February 3, 2021, the High Court found Mohd Isa, 77, guilty on nine counts of corruption. The offenses were alleged to have occurred on the 49th floor of Menara Felda, Platinum Park, Persiaran KLCC in Kuala Lumpur between July 15, 2014, and December 15, 2015.
The former Negeri Sembilan Menteri Besar was charged with accepting RM3.09 million in gratification from Ikhwan Zaidel, a director of Gegasan Abadi Properties Sdn Bhd, through his former special officer, Muhammad Zahid Md Arip.
The payment was reportedly an inducement for approving Felda Investment Corporation Sdn Bhd's (FICSB) purchase of the Merdeka Palace Hotel and Suites in Kuching, Sarawak, for RM160 million.
During the appeal hearing, submissions from both parties lasted approximately 43 minutes. Deputy public prosecutor Afzainizam Abdul Aziz argued that the case involved corruptly received funds, although innocently requested.
He maintained that the prosecution had proven that Mohd Isa accepted gratification on nine occasions from Ikhwan via his former special officer between July 2014 and December 2015.
The prosecutor further contended that evidence showed Mohd Isa had indirectly instructed Muhammad Zahid to solicit a bribe from Ikhwan after a meeting, an instruction that Muhammad Zahid allegedly fulfilled.
Afzanizam argued that the bribes were delivered by Ikhwan to Muhammad Zahid, who then handed them to Mohd Isa in stages at his office in Felda.
He asserted that the Court of Appeal had erred in overturning the High Court's judgment and urged the Federal Court to reinstate Mohd Isa's conviction on all corruption charges.
He further stated that the absence of the bribe money in Mohd Isa's possession did not negate the charges, as physical discovery is not a necessary component for establishing a charge of receiving gratification.
In contrast, Mohd Isa's counsel, M M Athimulan, argued that the Court of Appeal made no legal error in reversing the High Court's finding of guilt against his client.
'The Court of Appeal's finding that there was no credible evidence Mohd Isa had approved, directed or influenced the FICSB Board's decision undermines the prosecution's case entirely.
'This is a factual finding that the prosecution failed to prove the respondent (Mohd Isa) committed the alleged act for which the gratification was purportedly received,' he said.
Athimulan contended that the Court of Appeal was correct in deeming the trial judge's interpretation of Mohd Isa's request to convey his "salam" as a speculative and unsubstantiated demand for gratification.