KUALA LUMPUR: Kinabatangan MP Bung Moktar Radin and his wife, Zizie Izette Abdul Samad, will know on Friday whether they will be acquitted of charges of corruption and abetment over a Felcra investment.
Sessions court judge Rozina Ayob is expected to deliver her decision at 3pm.
Lawyer Kitson Foong said the couple would be acquitted without their defence being called if Rozina finds that the prosecution has failed to establish a prima facie case.
“They will, however, be ordered to enter their defence should she conclude the prosecution has proven all elements of the charges,” he said.
The prosecution had called 30 witnesses and tendered 131 exhibits to prove its case. The trial started on Jan 2, 2020 and ended on May 17 this year.
Among those who gave evidence were former finance minister Husni Hanadzlah and former Treasury deputy secretary-general for investments Isa Hussain.
Deputy public prosecutor Law Chin How said there was irresistible circumstantial evidence pointing to both accused having committed the offences.
Public Mutual investment agents Madhi Abdul Hamid and Norhaili Ahmad Mokhtar had turned hostile witnesses as their evidence in court and statements to the Malaysian Anti-Corruption Commission (MACC) were inconsistent.
Law, who appeared with deputy public prosecutors Faridz Gohim Abdullah and Sophian Zakaria, submitted that Madhi and Norhaili had been cross-examined about their contradictions and that there was some key evidence that could be relied upon to ask the two accused to enter their defence.
Bung’s lawyer, M Athimulan, said the prosecution had failed to prove that his client had received gratification, a key ingredient of the charge.
“There was also a material gap in the prosecution’s case,” he said, adding that an adverse inference in favour of Bung should be drawn since a provision in the MACC Act was not used to fill the gap.
Lawyer K Kumaraendran, representing Zizie, said no evidence was tendered to show that she had abetted Bung.
He had urged the court to acquit Bung and Zizie on the ground that Madhi and Norhaili had destroyed the prosecution’s case.
Bung, 64, who is also a Sabah deputy chief minister, was charged with two counts of receiving bribes amounting to RM2.2 million and RM262,500, as gratification to obtain Felcra’s approval to make a RM150 million investment in Public Mutual unit trust.
He is accused of receiving bribes from Madhi via Zizie at Taman Melawati’s Public Bank here between 12.30pm and 5pm on June 12, 2015.
He is also charged with receiving a RM337,500 cash bribe from Norhaili under the name of Zizie for the same reason and at the same place on June 19, 2015.
Zizie, 44, faces three charges of abetting her husband in the matter at the same place, date and time.