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The Star
22-05-2025
- Politics
- The Star
Bung Moktar, wife's final bid fails
PUTRAJAYA: Kinabatangan MP Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad failed in their final attempt to challenge the Court of Appeal's decision ordering them to enter their defence on three corruption charges involving RM2.8mil. As a result, Bung Moktar and Zizie Izette are scheduled to enter their defence on corruption charges before Sessions Court judge Rosli Ahmad on Aug 18. A three-member panel of the Court of Appeal, led by Justice Che Mohd Ruzima Ghazali, unanimously dismissed the couple's application yesterday stating that they had failed to demonstrate exceptional circumstances or a miscarriage of justice that would justify a review of the call for defence ruling. Justice Che Mohd Ruzima sat with Court of Appeal judges Justices Azizul Azmi Adnan and Datuk Ahmad Kamal Md Shahid. On Nov 18 last year, a Court of Appeal panel led by Justice Ahmad Zaidi Ibrahim allowed the prosecution's appeal and overturned the High Court's decision to acquit Bung Moktar and Zizie Izette, and ordered both to enter their defence. Justice Che Mohd Ruzima said the Court of Appeal has always exercised caution when invoking its power to review earlier decisions, as such a review, on the face of it, runs contrary to the principle of finality, Bernama reported. The judge said that when counsel for Bung Moktar and Zizie Izette submitted that there had been an injustice in the case, the court observed that the couple had an alternative remedy. 'The point raised before us can be canvassed in an appeal from the Sessions Court, should a conviction subsequently be recorded. 'We are of the view that the threshold requirements for leave to review the prior decision of this court have not been met. 'We are also of the view that this is a point that may validly be raised at the end of the defence case. 'For these reasons, we find that the threshold requirement for leave to review this court's previous decision has not been fulfilled. 'Therefore, this application is dismissed,' he said. In September 2022, the Sessions Court ordered the couple to enter their defence. The couple succeeded in overturning the ruling through revision applications they then filed at the High Court. This prompted the prosecution to appeal to the Court of Appeal. Bung Moktar, 65, who was then the non-executive chairman of Felcra Bhd, was charged on May 3, 2019, with two charges of accepting bribes of RM2.2mil and RM262,500 as an inducement to obtain Felcra's approval for a RM150mil investment in Public Mutual unit trusts. He was alleged to have accepted the bribes from Public Mutual Bhd's investment agent Madhi Abdul Hamid through Zizie Izette, 46, at Public Bank Taman Melawati Branch, Kuala Lumpur, 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 Ahmad Mokhtar, under the name of Zizie Izette for the same reason and place on June 19, 2015, while Zizie Izette was charged with three counts of abetting her husband over the matter at the same place, date and time. On April 9, this year, the Sessions Court allowed the couple's application to stay the defence proceedings pending the outcome of the review application.


Borneo Post
22-05-2025
- Politics
- Borneo Post
Appellate Court dismisses final review bid by Bung, wife over graft case
Bung Moktar at the Court of Appeal in Putrajaya on Thursday. – Bernama photo PUTRAJAYA (May 22): Kinabatangan Member of Parliament Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad failed in their final attempt to challenge the Court of Appeal's decision ordering them to enter their defence on three corruption charges involving RM2.8 million. This followed a decision by a three-member panel of the Court of Appeal, led by Justice Datuk Che Mohd Ruzima Ghazali, which unanimously dismissed the couple's application for leave to review the decision. Justice Che Mohd Ruzima, who sat with Court of Appeal judges Datuk Azizul Azmi Adnan and Datuk Ahmad Kamal Md Shahid, said the couple failed to demonstrate exceptional circumstances or a miscarriage of justice that would justify a review of the ruling. On Nov 18 last year, a Court of Appeal panel led by Justice Datuk Ahmad Zaidi Ibrahim allowed the prosecution's appeal and overturned the High Court's decision to acquit Bung Moktar and Zizie Izette, ordering both to enter their defence. The couple filed the leave applications in March this year under Rule 105 of the Rules of the Court of Appeal 1994, contending that the previous Court of Appeal panel lacked jurisdiction to hear the prosecution's appeal and wanted the review panel to reinstate the High Court ruling. In delivering the court's decision, Justice Che Mohd Ruzima said the Court of Appeal had always exercised caution when invoking its power to review earlier decisions, as such a review, on the face of it, runs contrary to the principle of finality. The judge said that when counsel for Bung Moktar and Zizie Izette submitted that there had been an injustice in the case, the court observed that the couple were not without an alternative remedy. 'The point raised before us can be canvassed in an appeal from the Sessions Court, should a conviction subsequently be recorded. We are of the view that the threshold requirements for leave to review the prior decision of this court have not been met. 'We are also of the view that this is a point that may validly be raised at the end of the defence case. For these reasons, we find that the threshold requirement for leave to review this court's previous decision has not been fulfilled. Therefore, this application is dismissed,' he said. In Thursday's proceedings, the prosecution was represented by deputy public prosecutors Law Chin How, Mohd Fadhly Mohd Zamry and Maziah Mohaide, while lawyers Datuk Seri K. Kumaraendran and M. Athimulan appeared for Bung Moktar and Zizie Izette, respectively. Following this ruling Thursday, Bung Moktar and Zizie Izette are scheduled to enter their defence on corruption charges before Sessions Court Judge Rosli Ahmad on Aug 18. In September 2022, the Sessions Court ordered the couple to enter their defence. The couple succeeded in overturning the ruling through revision applications they had filed at the High Court. This prompted the prosecution to appeal to the Court of Appeal. Bung Moktar, 65, who was then the non-executive chairman of Felcra Berhad, was charged on May 3, 2019, with two charges of accepting bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra's approval to invest RM150 million in Public Mutual unit trusts. He was alleged to have accepted the bribes from Public Mutual Berhad's investment agent Madhi Abdul Hamid through Zizie Izette, 46, at Public Bank Taman Melawati Branch, Kuala Lumpur between 12.30 pm and 5 pm on June 12, 2015. Bung Moktar was also charged with receiving RM337,500 in cash from Unit Amanah consultant, Norhaili Ahmad Mokhtar, under the name of Zizie Izette for the same reason and place on June 19, 2015, while Zizie Izette was charged with three counts of abetting her husband over the matter at the same place, date and time. On April 9, this year, the Sessions Court allowed the couple's application to stay the defence proceeding pending the outcome of the review application. – Bernama
![[UPDATED] Bung Moktar, wife fail in final bid to challenge corruption charges [WATCH]](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fassets%2FNST-Logo%402x.png%3Fid%3Db37a17055cb1ffea01f5&w=48&q=75)
New Straits Times
22-05-2025
- Politics
- New Straits Times
[UPDATED] Bung Moktar, wife fail in final bid to challenge corruption charges [WATCH]
PUTRAJAYA: Datuk Seri Bung Moktar Radin and his wife, Datin Seri Zizie Izette Abd Samad, failed in their final bid to challenge the Court of Appeal's decision ordering them to enter their defence on corruption charges amounting to RM2.8 million. This is after a three-judge Court of Appeal panel led by Datuk Che Mohd Ruzima Ghazali unanimously dismissed the couple's leave application to review the decision today. The court said the appellants failed to meet the threshold of proving any exceptional circumstances or miscarriage of justice that would warrant a review of the earlier decision. On Nov 18 last year, the Court of Appeal ordered Bung Moktar and Zizie Izette to enter their defence on three corruption charges after allowing the prosecution's appeal against the couple's acquittal by the Kuala Lumpur High Court on Sept 7, 2023. On Sept 2, 2022, Sessions Court judge Rozina Ayob ruled that a prima facie case had been established against the accused at the close of the prosecution's case and ordered them to enter their defence on all three charges. On May 3, 2019, the Kinabatangan member of Parliament was charged with two counts of accepting bribes amounting to RM2.2 million and RM262,500 as an inducement to secure Felcra's approval to invest RM150 million in Public Mutual unit trusts. He was alleged to have accepted the bribes from Madhi, an investment agent with Public Mutual Bhd, through Zizie Izette at Public Bank's Taman Melawati branch here between 12.30pm and 5pm on June 12, 2015. Zizie Izette was charged with three counts of abetting her husband at the same location, date, and time.


Free Malaysia Today
22-05-2025
- Politics
- Free Malaysia Today
Bung, wife denied leave to review decision ordering them to enter defence
Bung Moktar Radin and Zizie Izette Abdul Samad were ordered to enter their defence last November on charges of corruption and abetment over a RM150 million Felcra investment. PUTRAJAYA : The Court of Appeal has dismissed a leave application by Kinabatangan MP Bung Moktar Radin and his wife, Zizie Izette Abdul Samad, for a review of another bench's ruling ordering them to enter their defence on charges of corruption. A three-member bench chaired by Justice Che Ruzima Ghazali said the threshold for a review of the earlier appeals court decision had not been met. 'The threshold for review is high, and as the apex court (for subordinate courts), we are cautious in exercising such power as it goes against the principle of finality. 'Such power can only be exercised in exceptional cases. Applicants must show there was injustice and that they have no alternative remedy,' he said. He said the applicants in this case had alternative remedies, as the points raised could be argued during an appeal in the High Court if the sessions court convicts them. Also hearing the application were Justices Azizul Azmi Adnan and Ahmad Kamal Shahid. Sessions court judge Rosli Ahmad had fixed a nine-day hearing from Aug 18. The couple was ordered to enter their defence last November on charges of corruption and abetment over a RM150 million Felcra investment. A three-member Court of Appeal bench had overturned Bung and Zizie's acquittal by the High Court. Justice Zaini Mazlan, who delivered the decision, said the revision application the couple had filed in the High Court was improper as it was akin to an appeal. The couple filed an application in March seeking leave for review under Rule 105 of the Rules of the Court of Appeal 1994, contending that the previous bench lacked the jurisdiction to hear the prosecution's appeal. Bung, the non-executive chairman of Felcra at the time, is charged with two counts of receiving bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra's approval to invest RM150 million in Public Mutual unit trusts. He is alleged to have accepted the bribes from Norhaili Madhi, a Public Mutual investment agent, through Zizie at Public Bank's Taman Melawati branch between 12.30pm and 5pm on June 12, 2015. He is also charged with receiving a bribe of RM337,500 from Norhaili under Zizie's name at the same location on June 19, 2015. Zizie faces three charges of abetting Bung in the commission of the alleged offences. On Sept 2, 2022, the sessions court ordered the couple to enter their defence after ruling that the prosecution had established a prima facie case against them. On Sept 7, 2023, the High Court, which heard a revision application brought under Section 323 of the Criminal Procedure Code, acquitted the duo. However, that decision was set aside on appeal. Lawyer M Athimulan appeared for Bung and K Kumaraendran for Zizie, while deputy public prosecutors Law Chin How and Fadhly Zamry represented the prosecution.


The Sun
22-05-2025
- Politics
- The Sun
Bung Moktar, wife fail to halt RM2.8m graft defence case
PUTRAJAYA: Kinabatangan Member of Parliament Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad failed in their final attempt to challenge the Court of Appeal's decision ordering them to enter their defence on three corruption charges involving RM2.8 million. This followed a decision by a three-member panel of the Court of Appeal, led by Justice Datuk Che Mohd Ruzima Ghazali, which unanimously dismissed the couple's application for leave to review the decision. Justice Che Mohd Ruzima, who sat with Court of Appeal judges Datuk Azizul Azmi Adnan and Datuk Ahmad Kamal Md Shahid, said the couple failed to demonstrate exceptional circumstances or a miscarriage of justice that would justify a review of the ruling. On Nov 18 last year, a Court of Appeal panel led by Justice Datuk Ahmad Zaidi Ibrahim allowed the prosecution's appeal and overturned the High Court's decision to acquit Bung Moktar and Zizie Izette, ordering both to enter their defence. The couple filed the leave applications in March this year under Rule 105 of the Rules of the Court of Appeal 1994, contending that the previous Court of Appeal panel lacked jurisdiction to hear the prosecution's appeal and wanted the review panel to reinstate the High Court ruling. In delivering the court's decision, Justice Che Mohd Ruzima said the Court of Appeal had always exercised caution when invoking its power to review earlier decisions, as such a review, on the face of it, runs contrary to the principle of finality. The judge said that when counsel for Bung Moktar and Zizie Izette submitted that there had been an injustice in the case, the court observed that the couple were not without an alternative remedy. 'The point raised before us can be canvassed in an appeal from the Sessions Court, should a conviction subsequently be recorded. We are of the view that the threshold requirements for leave to review the prior decision of this court have not been met. 'We are also of the view that this is a point that may validly be raised at the end of the defence case. For these reasons, we find that the threshold requirement for leave to review this court's previous decision has not been fulfilled. Therefore, this application is dismissed,' he said. In today's proceedings, the prosecution was represented by deputy public prosecutors Law Chin How, Mohd Fadhly Mohd Zamry and Maziah Mohaide, while lawyers Datuk Seri K. Kumaraendran and M. Athimulan appeared for Bung Moktar and Zizie Izette, respectively. Following this ruling today, Bung Moktar and Zizie Izette are scheduled to enter their defence on corruption charges before Sessions Court Judge Rosli Ahmad on Aug 18. In September 2022, the Sessions Court ordered the couple to enter their defence. The couple succeeded in overturning the ruling through revision applications they had filed at the High Court. This prompted the prosecution to appeal to the Court of Appeal. Bung Moktar, 65, who was then the non-executive chairman of Felcra Berhad, was charged on May 3, 2019, with two charges of accepting bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra's approval to invest RM150 million in Public Mutual unit trusts. He was alleged to have accepted the bribes from Public Mutual Berhad's investment agent Madhi Abdul Hamid through Zizie Izette, 46, at Public Bank Taman Melawati Branch, Kuala Lumpur between 12.30 pm and 5 pm on June 12, 2015. Bung Moktar was also charged with receiving RM337,500 in cash from Unit Amanah consultant, Norhaili Ahmad Mokhtar, under the name of Zizie Izette for the same reason and place on June 19, 2015, while Zizie Izette was charged with three counts of abetting her husband over the matter at the same place, date and time. On April 9, this year, the Sessions Court allowed the couple's application to stay the defence proceeding pending the outcome of the review application.