Isa Samad ordered to enter defence over nine corruption charges but freed of CBT

KUALA LUMPUR, June 16 — Former Felda chairman Tan Sri Mohd Isa Abdul Samad must defend himself on nine counts of corruption involving RM3 million after High Court judge Mohd Nazlan Mohd Ghazali concluded there was prima facie evidence.

However, the former Negri Sembilan mentri besar was acquitted and discharged of the sole criminal breach of trust charge against him as Mohd Nazlan concluded that the prosecution had not shown adequate evidence to corroborate the case.

Mohd Nazlan said he had arrived at his judgement after a maximum evaluation on all the evidence adduced in court at the end of prosecution stage, after assessing the credibility of prosecution witnesses and gauging inferences admitted through the prosecution’s evidence, after testing it against suggestions raised during cross-examination. 

“The prosecution has failed to establish a prima facie case against the accused in relation to the single CBT charge. The accused is therefore ordered to be discharged and acquitted from this CBT charge.

“Secondly, the prosecution has successfully adduced credible evidence proving each and every essential ingredient of the offence of accepting gratification under Section 16 (a) (A) of the MACC Act as framed in the nine charges, in relation to any of which if unrebutted or unexplained, would warrant a conviction. 

“A prima facie case has therefore been made out against the accused in respect of each of the nine charges under Section 16 (a) (A) of the MACC Act,” said Mohd Nazlan when reading out his judgement today. 

Isa, wearing a navy blue suit over a chequered shirt, appeared calm as the judgement was read out. 

Meanwhile, his supporters were obviously elated by Mohd Nazlan’s decision to acquit Isa from the CBT charge, but their joy was, however, short lived, obvious through their facial expressions when they later found out Isa was asked to enter his defence and answer the nine corruption charges. 

Isa was charged on December 14, 2018, pleading not guilty to the one CBT charge and nine counts of receiving bribes totaling RM3 million for approving the purchase of Melaka Hotal and Suites (MPHS) in Kuching, by Felda Investment Corporation (FIC). 

He was alleged to have committed the CBT at Level 50, Menara Felda, Platinum Park, Persiaran KLCC here, on April 29, 2014, and charged under Section 409 of the Penal Code, which upon conviction provides for imprisonment up to 20 years, whipping and fine. 

As for the bribery offences, they were allegedly committed at Level 49, Menara Felda, Platinum Park, Persiaran KLCC near here between April 29, 2014, and December 15, 2015.

When justifying his decision to discharge Isa from the CBT charge, Mohd Nazlan today explained that the decision undertaken by FIC to acquire MPHS for RM160 million was a collective one by the corporation’s board, and was not the sole decision of Isa. 

Mohd Nazlan said evidence adduced showed how Isa could not have approved the investment by himself, as company laws and FIC’s internal regulations do not authorise a single individual or any of other directors to act alone when approving an acquisition, adding there was a lack of evidence to show that the accused had tried to influence FIC’s board into approving the purchase of MPHS.

“Moreover, importantly, it is undeniable that the board of Felda was aware of the purchase of MPHS by FIC for RM160 million in view of the tabling of a number of papers on FIC which specifically included the said purchase at the board of Felda,” he said.

Concerning the nine corruption charges, Mohd Nazlan said that sufficient credible evidence had been presented to the court to establish ingredients of the offence of receiving gratification. 

He elaborated on this saying evidence that showed cash being withdrawn and exchanging hands before ultimately reaching the accused, as stated within the charges, had led him to invoke the statutory presumption under Section 50 of the MACC Act. 

This, Mohd Nazlan said, triggered the call for the defence to ‘rebut and show that the gratification in the form of cash was not received corruptly’. 

“And that it was not obtained as a reward for the accused’s involvement in the approval by the board of FIC of the purchase of Merdeka Palace Hotel,” he added. 

Mohd Nazlan then added how Isa would have three options, to give a sworn statement from the witness box, an unsworn statement from the accused’s dock, or remain silent which would lead to a conviction. 

Isa then informed the court that he will provide a sworn statement from the witness stand to answer for the nine corruption charges.

When met outside court, Isa did not say much except to reiterate how he would be defending himself against the charges. 

“I will defend the other nine corruption charges, and for that, I have decided to go on the stand and give a sworn statement,” he said briefly. 

The defence stage of Isa’s case has been scheduled to begin on August 17.