Former Federal Land Development Authority (Felda) chairman Tan Sri Mohd Isa Abdul Samad will begin serving a six-year prison sentence after the Federal Court reinstated his conviction and punishment over corruption charges amounting to RM3.09 million.
A three-judge Federal Court panel chaired by Datuk Nordin Hassan allowed the prosecution’s appeal, overturning the Court of Appeal’s earlier decision that had acquitted Mohd Isa on nine counts of graft. The panel, which also comprised Datuk Lee Swee Seng and Datuk Che Mohd Ruzima Ghazali, restored the High Court’s ruling delivered on Feb 3, 2021.
Delivering the unanimous decision, Nordin said the High Court had correctly found Mohd Isa guilty and that the sentence imposed was lawful and proportionate. He stressed that corruption is a grave offence capable of undermining national institutions and public trust.
The court issued an immediate warrant of committal against the 76-year-old former Negeri Sembilan Menteri Besar, who was taken into custody and sent to Sungai Buloh Prison. In addition to the six-year jail term, he was ordered to pay a fine of RM15.45 million or face a further two years’ imprisonment in default.
Mohd Isa was accused of receiving RM3.09 million in bribes from then Gegasan Abadi Properties Sdn Bhd (GAPSB) board member Ikhwan Zaidel through his former special officer, Muhammad Zahid Md Arip, in relation to the acquisition of the Merdeka Palace Hotel by Felda Investment Corporation Sdn Bhd (FICSB).
Nordin said the evidence demonstrated that Mohd Isa had solicited funds through Muhammad Zahid, including instructions interpreted as requests for political financing. The court held that the accused failed to rebut the legal presumption under Section 50(1) of the Malaysian Anti-Corruption Commission Act 2009, which deems any gratification received to be corrupt unless proven otherwise.
The judge added that communication patterns, including repeated intermediated messages to the company’s representative, supported the finding that there had been a demand for illicit payments. He also noted that the Court of Appeal had erred in its evaluation of facts and application of the legal presumption, warranting intervention by the apex court.
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.
-THE MALAYSIA VOICE
