Trial judge Rozina Ayob said she is allowing the application after going through written and oral submissions by a deputy public prosecutor (DPP) and lawyers for Bung and Zizie.
“I am allowing the prosecution’s application to cross-examine its witness,” she said.
The application was made under Section 154 of the Evidence Act after the unit trust consultant Norhaili Ahmad Mokhtar, 45, the 25th prosecution witness, appeared to have given contradictory statements.
Between June 2016 and December 2018, Norhaili gave five statements to the Malaysian Anti-Corruption Commission (MACC) investigators that Bung had corruptly solicited RM3.5 million from her.
However, during examination-in-chief, she told the court that Bung had never asked for the money during a meeting at a hotel, and the RM2.8 million given to Zizie was merely an introduction fee, which was considered a legal payment.
The prosecution made the application as Norhaili, a material witness, had not given evidence in line with what she had told the MACC officers
DPP Mohd Sophian Zakaria said Norhaili’s conduct in contradicting them was sufficient to allow the application to show the witness was not trustworthy.
Counsel M Athimulan, representing Bung, submitted earlier that the application must be disallowed as Norhaili had been cooperating with the prosecution.
Lawyer K Kumaraendran, who is appearing for Zizie, submitted earlier that the witness did not hesitate in answering the questions posed by the prosecution.
“It is the opinion of the trial judge whether the witness is hostile by looking at her demeanour or over the manner questions are posed by the party that is calling to give evidence,” he said.
Later, cross-examined by DPP Law Chin How, Norhaili agreed that she did not make any amendments to the five statements she gave to the MACC in Putrajaya.
However, the witness said she was unsure if any MACC officer or others stopped her from changing her statements if she wanted to.
“I felt I was right but when in the MACC office, it looked as if I was in the wrong. I was under pressure,” she said.
Norhaili said that until today, she did not file any complaint if anyone stopped her from making amendments to the five statements.
During examination-in-chief by the prosecution on Jan 27, Norhaili said that Zizie was eligible to receive an introduction fee of RM2.8 million as the actress introduced her husband to obtain Felcra’s approval to invest RM150 million in Public Mutual unit trusts.
She said the introduction fee for Zizie was part of her marketing strategy as she had also introduced a senior Felcra officer to make an investment.
Bung, who is Sabah deputy chief minister, pleaded not guilty to two charges of accepting bribes amounting to RM2.2 million and RM262,500 as an inducement to obtain Felcra’s approval to invest in the unit trusts.
Bung, 64, who was the non-executive chairman of Felcra at the time, is accused of accepting bribes through Zizie at Public Bank’s Taman Melawati branch here between 12.30pm and 5pm on June 12, 2015.
He also pleaded not guilty to accepting RM335,500 in cash as bribe from Norhaili through Zizie for the same reason and at the same place on June 19, 2015.
Zizie, 44, pleaded not guilty to three charges of abetting her husband in the matter at the same place, date and time.