Kuala lumpur: 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.
According to BERNAMA News Agency, the decision of the High Court in convicting Mohd Isa on all nine charges has been restored, as stated by Justice Nordin, who sat with Justices Datuk Lee Swee Seng and Datuk Che Mohd Ruzima Ghazali. The sentence imposed by the High Court was deemed appropriate and in accordance with the law, with Justice Nordin emphasizing the destructive nature of corruption.
The court has issued a warrant of committal for Mohd Isa, 76, to begin his sentence immediately, and he was sent to Sungai Buloh prison. The bench reinstated the High Court's decision from February 3, 2021, which sentenced him to six years' imprisonment and a fine of RM15.45 million, with a default two-year imprisonment if the fine is not paid.
The former Negeri Sembilan Menteri Besar was found guilty of receiving 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 and Suites in Kuching, Sarawak, for RM160 million.
In 2024, the Court of Appeal had overturned the High Court's ruling, acquitting and discharging Mohd Isa on the charges. However, Justice Nordin ruled that the High Court was correct in its original decision, 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, which establishes that any gratification accepted, given, or solicited is presumed to have been corrupt unless proven otherwise.
Justice Nordin stated that Mohd Isa failed to rebut this presumption, and the elements of the offence were proven beyond a reasonable doubt for all nine charges against him. He highlighted evidence showing Mohd Isa's solicitation of the bribe through Muhammad Zahid, including instructions to accept any offerings and references to political funding needs.
He further noted that Mohd Isa's actions, such as repeatedly conveying 'salam' to Ikhwan through Muhammad Zahid, were understood as directives to request political funds. This practice, although customary, was given a different connotation due to Mohd Isa's position and the context of the situation.
Justice Nordin emphasized that the solicitation of such a substantial amount required authority, which Mohd Isa possessed as the respondent. He concluded that the Court of Appeal had misapplied the presumption under Section 50(1) and failed to properly assess the facts, necessitating the Federal Court's intervention.
In today's proceedings, deputy public prosecutor Afzainizam Abdul Aziz represented the prosecution, while Mohd Isa was defended by lawyers M M Athimulan and Datuk Abu Bakar Isa Ramat.