Federal Court Reinstates Isa Samad's Conviction And Sentence, Issues Warrant Of Committal

PUTRAJAYA, Feb 10 (Bernama) —  Former Felda chairman Tan Sri Mohd Isa Abdul Samad is to serve a six-year prison sentence after the Federal Court reinstated his corruption conviction involving RM3.09 million.

A three-member bench, led by Justice Datuk Nordin Hassan, allowed the prosecution’s appeal, overturning Mohd Isa’s acquittal on nine corruption charges.

“The decision of the High Court in convicting the respondent (Mohd Isa) on all nine charges is hereby restored,” said Justice Nordin, who sat with Justices Datuk Lee Swee Seng and Datuk Che Mohd Ruzima Ghazali.

He added that the sentence imposed by the High Court was appropriate and in accordance with the law. “We need to reiterate that corruption is a heinous act that would destroy a nation,” he said.

The court subsequently issued a warrant of committal for Mohd Isa, 76, to begin his sentence from today. He was sent to Sungai Buloh prison.

The bench restored the High Court’s Feb 3, 2021, decision, which sentenced him to six years’ imprisonment and a fine of RM15.45 million in default two-year imprisonment.  

The former Negeri Sembilan Menteri Besar was found to have received RM3.09 million in bribes from Ikhwan Zaidel, then director of Gegasan Abadi Properties Sdn Bhd (GAPSB), through his former special officer, Muhammad Zahid Md Arip.

The bribe was given as an inducement to approve Felda Investment Corporation Sdn Bhd’s (FICSB) purchase of the Merdeka Palace Hotel & Suites in Kuching, Sarawak, for RM160 million.

In 2024, the Court of Appeal overturned the High Court’s ruling, acquitting and discharging Mohd Isa on the charges.

In delivering the court’s decision, which lasted approximately one hour and 40 minutes, Justice Nordin ruled that the High Court was correct in finding that Mohd Isa had received the gratification, thereby invoking the presumption under Section 50(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009. 

Section 50(1) is a presumption provision, establishing that any gratification accepted, given, or solicited is presumed to have been received, accepted, or solicited corruptly, unless the contrary is proven.

In reading the grounds of judgment, Justice Nordin said that Mohd Isa failed to rebut the presumption under Section 50(1). As a result, the elements of the offence were proven beyond a reasonable doubt for all nine charges against him.

He noted that evidence showed Mohd Isa had solicited the bribe through Muhammad Zahid, reportedly instructing him: “kalau diaorang bagi apa-apa, kau ambil lah” (if they give anything, you take it).

He added that Muhammad Zahid had informed Ikhwan Zaidel that “Tan Sri is a politician; many people come seeking his help. Sometimes, he requires funds for political work”.

Justice Nordin further noted that the respondent had asked Muhammad Zahid whether he had received any call from Ikhwan, to which Muhammad Zahid replied that he had not.

Justice Nordin noted that the respondent instructed Muhammad Zahid to call Ikhwan, saying, “Kau call lah diaorang, kirim salam tanya khabar” (Call them and convey my regards), which Muhammad Zahid understood as a directive to request political funds and acted upon.

He acknowledged that while conveying “salam” through an intermediary is a customary practice among Muslims, in this case, the respondent, in his capacity as chairman of FICSB and responsible for approving the purchase of the Merdeka Palace Hotel, repeatedly conveyed “salam” to the 16th prosecution witness (Ikhwan), who was GAPSB’s director and shareholder, giving it a different connotation. 

Justice Nordin added that the respondent’s instructions to Muhammad Zahid, coupled with the repeated “salam”, corroborated evidence of solicitation for bribes.

“As the respondent’s special officer, it was highly improbable that Muhammad Zahid would solicit or demand the bribe for himself. It requires a person in authority to solicit or demand such a substantial amount, and in the present case, the respondent is that person,” he said.

Justice Nordin concluded that the Court of Appeal had misapplied the presumption under Section 50(1) and failed to properly assess the facts, warranting the Federal Court’s intervention.

In today’s proceedings, deputy public prosecutor Afzainizam Abdul Aziz appeared for the prosecution, while Mohd Isa was represented by lawyers M M Athimulan and Datuk Abu Bakar Isa Ramat.

— BERNAMA