PUTRAJAYA, May 13 — The Federal Court today adjourned the hearing of former Federal Land Development Authority (Felda) chairman Tan Sri Mohd Isa Abdul Samad’s application seeking leave to review a previous Federal Court ruling that reinstated his corruption conviction, six-year prison sentence and RM15.45 million fine.

Chief Judge of Malaya Datuk Seri Hashim Hamzah, who chaired a three-member bench, adjourned the hearing scheduled today after allowing the defence’s request to view the court recordings and transcription (CRT) of the open court proceedings held on Feb 5 and 10 this year.

“In view of the dispute regarding what occurred during the open court proceeding and the fact that both parties had applied for the CRT, which we rejected earlier, we are of the view that in the interest of justice, the application should be allowed, notwithstanding our earlier decision not to allow it,” he said.

Justice Hashim also fixed tomorrow for case management.

Also sitting on the bench were Chief Judge of Sabah and Sarawak Datuk Azizah Nawawi and Federal Court judge Datuk Collin Lawrence Sequerah.

During the proceedings, defence counsel M.M. Athimulan said that the CRT was necessary to ascertain whether the earlier Federal Court panel had invited the defence to submit arguments on the merits of the defence and mitigation after Mohd Isa was found guilty.

This followed the prosecution’s contention that such an invitation was made, but the defence had chosen not to make any submissions.

Athimulan, however, said the court had previously rejected the defence’s request for the CRT to be furnished to them, and he intended to file an affidavit to rebut the prosecution’s assertion.

Deputy Public Prosecutor Afzainizam Abdul Aziz argued that the matter had already been addressed in the submissions and that there was no necessity to file an affidavit.

Justice Hashim, however, said if the court allowed the CRT to be supplied to the parties, then the issue of filing an affidavit would not arise, to which Athimulan agreed.

Mohd Isa, 76, is currently serving a six-year prison sentence following the decision of the Federal Court on Feb 10, this year, in allowing the prosecution’s appeal to set aside his acquittal and reinstate his conviction, jail sentence and fine.

On February 3, 2021, the High Court found him guilty on all nine counts of corruption involving RM3 million over Felda Investment Corporation Sdn Bhd’s purchase of Merdeka Palace Hotel & Suites (MPHS) in Kuching, Sarawak.

The High Court sentenced him to six years’ imprisonment and imposed a RM15.45 million fine, with an additional two years’ imprisonment in default of payment.

However, the Court of Appeal on March 6, 2024, acquitted him of all nine counts of corruption.

The former Negeri Sembilan Menteri Besar was accused of receiving RM3.09 million in bribes from Ikhwan Zaidel, then a director of Gegasan Abadi Properties Sdn Bhd (GAPSB), via his former special officer, Muhammad Zahid Md Arip, as an inducement for approving the purchase of the MPHS in Kuching, Sarawak by FICSB for RM160 million.

Mohd Isa subsequently filed the application under Rule 137 of the Federal Court Rules 1995, seeking leave to review on grounds of breach of natural justice.

Lawyers Tan Sri Zulkefli Ahmad Makinudin, Datuk Hisyam Teh Poh Teik, Datuk Wan Azmir Wan Majid, Datuk Abu Bakar Isa Rahmat, and Baharudden Mohamed Ariff also represented Mohd Isa in today’s proceedings. Afzainizam was assisted by deputy public prosecutor Mohamad Arif Aizuddin Masrom. — Bernama