KUALA LUMPUR: The prosecution has taken out a preliminary objection over the mode of application used by Sabah Umno chief Bung Moktar Radin and his wife, Zizie Izette, to challenge the decision of a sessions court judge to enter their defence in the RM150 million Felcra investment corruption case.
The objection, filed today, claims that the applications by Bung and Zizie failed to comply with provisions of the Courts of Judicature Act 1964 and the Criminal Procedure Code (CPC).
Last month, the couple filed separate motions, supported by affidavits, seeking a revision of High Court trial judge Rozina Ayob’s decision calling for their defence.
The motions are slated to be heard by judicial commissioner Azhar Abdul Hamid on Nov 11.
The prosecution says a letter to the High Court would have been sufficient for a judge to decide whether to entertain a revision application.
Deputy public prosecutor Law Chin How said the prosecution will make detailed submissions on its objection at the hearing of the motions.
The Kinabatangan MP and his wife are asking for the High Court to call and examine the records of the proceedings in the sessions court.
They are seeking to quash the decision delivered by the sessions court on Sept 2.
Rozina had ruled the prosecution had established a prima facie case against Bung, the then Felcra chairman, and Zizie on charges of corruption and abetment, respectively.
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 those bribes from Public Mutual investment agent Madhi Abdul Hamid, through Zizie at the Public Bank branch in Taman Melawati here between 12.30pm and 5pm on June 12, 2015.
He is also charged with receiving a third bribe of RM337,500 from another Public Mutual investment agent, Norhaili Mokhtar, under Zizie’s name, for the same purposes and at the same place on June 19, 2015.
Zizie, 44, faces three charges of abetting her husband in the matter.