KUALA LUMPUR (Nov 11): The High Court has set Dec 9 to deliver its decision on the prosecution's objection to an application by Sabah Deputy Chief Minister Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette A Samad to review a lower court's decision of ordering the duo to enter their defence in a graft trial.
Judicial commissioner Datuk Azhar Abdul Hamid set the date after hearing submissions from all parties on Friday (Nov 11).
The prosecution had raised a preliminary objection to the couple's application for criminal revision on the grounds that the application mode — by way of a motion instead of a letter — was defective.
Deputy public prosecutor Law Chin How argued that the duo ought to have sent a letter to JC Azhar for him to inquire if the Sessions Court judge had erred in her judgement.
He also argued that Bung Moktar and Zizie cannot file affidavits, along with notes of the proceedings, as they had done in their application.
Law said that in any criminal proceedings, the records — made up of notes of proceedings, the written judgement and exhibits — must come from the court and not the applicants.
Counsel M Athimulan, representing Bung Moktar, among others argued that both application modes — a motion and a letter for revision of decisions — had been entertained as proper modes by the courts.
"Neither the Courts of Judicature Act nor Criminal Procedure Code (CPC) mandate that only letters must be sent for criminal revision. It is trite if the law mandates doing an act in a particular manner, as it has to be done in that manner, and no decision and/or departure therefore is permissible," he stated in his submissions.
The counsel argued that regardless of the application mode, the application does not take away the court's discretion, as no applicants can force the court to hear the application.
"Either by a letter or by a motion, no applicants can compel this court to hear the revision at the whim and caprice of the applicants. The law is clear," he said.
Zizie was represented by Datuk K Kumaraendran.
The couple initially filed their application under Section 323 of the CPC for a revision of the Sessions Court decision for the couple to enter their defence in a corruption case involving RM2.8 million related to a Felcra Bhd investment.
The application was made on the ground of the "correctness of the decision".
This was after Sessions Court judge Rozina Ayob ruled on Sept 2 that the prosecution had established a prima facie case in the graft charges against the duo.
According to the first charge, Bung Moktar, who was then the non-executive chairman of Felcra, had accepted bribes of RM2.2 million in cash from Public Mutual investment agent Madhi Abdul Hamid through Zizie.
For the second charge, Bung Moktar 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.