Appeals Court rejects final review attempt by Bung Moktar and wife in RM2.8 million graft case

KINABATANGAN MP Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad have failed in their final bid to overturn a Court of Appeal ruling requiring them to enter their defence over three corruption charges involving RM2.8 million.

A three-judge panel at the Court of Appeal unanimously dismissed the couple’s application for leave to review the decision.

The panel, chaired by Justice Datuk Che Mohd Ruzima Ghazali and comprising Justices Datuk Azizul Azmi Adnan and Datuk Ahmad Kamal Md Shahid, found that the applicants had failed to demonstrate the existence of exceptional circumstances or a miscarriage of justice.

“The Court of Appeal exercises its power of review with great caution, as such applications inherently challenge the principle of finality,” said Justice Che Mohd Ruzima in delivering the panel’s ruling.

He further noted, “The point raised before us can be canvassed in an appeal from the Sessions Court, should a conviction subsequently be recorded. 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.”

The application, filed in March under Rule 105 of the Rules of the Court of Appeal 1994, sought to reinstate a 2022 High Court decision that had acquitted the couple. The applicants argued that the previous appellate panel which reinstated the charges had acted beyond its jurisdiction.

On 18 November 2023, a separate Court of Appeal panel allowed the prosecution’s appeal, overturning the High Court’s acquittal and ordering both accused to enter their defence.

Representing the prosecution in court were deputy public prosecutors Law Chin How, Mohd Fadhly Mohd Zamry and Maziah Mohaide, while Bung Moktar was represented by Datuk Seri K. Kumaraendran and Zizie Izette by M. Athimulan.

Following the decision, both are scheduled to enter their defence before Sessions Court Judge Rosli Ahmad on 18 August.

Bung Moktar, 65, was charged on 3 May 2019 with receiving RM2.2 million and RM262,500 in bribes from Public Mutual investment agent Madhi Abdul Hamid through his wife. The inducements were allegedly given to secure Felcra Berhad’s approval to invest RM150 million in Public Mutual unit trusts.

The transactions were said to have taken place at Public Bank’s Taman Melawati branch between 12.30 pm and 5 pm on 12 June 2015. Bung Moktar was also charged with receiving RM337,500 from Unit Amanah consultant Norhaili Ahmad Mokhtar under Zizie Izette’s name, allegedly on 19 June 2015 at the same location.

Zizie Izette, 46, faces three charges of abetting her husband in relation to the alleged offences.

The Sessions Court had initially ordered the couple to enter their defence in September 2022. However, they successfully challenged the ruling at the High Court. The prosecution’s subsequent appeal to the Court of Appeal led to the current legal developments.

Earlier this year, the Sessions Court granted a stay on the defence proceedings pending the outcome of the review application, which has now been dismissed. - May 22, 2025