PUTRAJAYA: The prosecution has presented 24 grounds explaining why the Federal Court ought to restore the corruption conviction of former Felda chairman Isa Samad, which had been set aside one year earlier.
In March 2024, the Court of Appeal overturned Isa’s conviction for supposedly accepting RM3 million in bribes related to the approval of a hotel acquisition in Kuching that occurred a decade prior.
At the time, a three-judge panel headed by Justice Vazeer Alam Mydin Meera stated that the High Court had made an appealable mistake requiring intervention.
Nonetheless, in its notice of appeal submitted last Friday, the prosecution contended that the Court of Appeal made a mistake in determining the components constituting the offense of accepting gratification.
The statement indicated that the Court of Appeal erred in asserting that proof of receiving corrupt funds cannot be established without initially proving solicitation.
"The appellate court made a mistake in ruling that seeking and accepting money constitute separate offenses under the Malaysian Anti-Corruption Commission Act 2009, according to legal interpretations," they stated.
The prosecution further argued that the Court of Appeal made a mistake in evaluating the testimony of key prosecution witness Zahid Arip, who was Isa's personal assistant during the relevant period.
The report stated that the Court of Appeal had taken into account oral testimony indicating that business owner Ikhwan Zaidel, who previously served as a director at the hotel, provided funds to Zahid.
During the trial, evidence was presented showing that Zahid had transferred the funds to Isa.
The prosecution argued that the Court of Appeal made an error in concluding that this type of evidence should have required additional support for validation.
"Our concern is that the Court of Appeal did not fully grasp the factual nuances of the case, since the trial judge was able to observe witness demeanor firsthand through both audio and visual means," it stated.
The Federal Court has scheduled a case management session for July 7th.
In 2021, Judge Nazlan Ghazali, who currently serves at the Court of Appeal, ruled that Isa was culpable for nine counts of corruption related to RM3.09 million.
Isa received a six-year jail term and was ordered to pay a fine of RM15.4 million.
By setting aside the conviction, Vazeer stated that the prosecution had put forward two conflicting versions of their case, and in such circumstances, the advantage of uncertainty should go to the defendant.
Dia berkata hakim bicara juga telah tersasar dalam keputusannya apabila memutuskan bahawa kes berwajah pertama telah terbentuk dengan merujukkan kepada keterangan Ikhwan.
Similarly, the prosecution argued that Isa had directed Zahid to obtain funds from Ikhwan; however, according to Vazeer, Ikhwan testified in court that Isa had never personally asked for any payment.
Vazeer noted that Zahid’s credibility as a prosecution witness had been undermined by significant inconsistencies in his statements.