Malaysia’s Federal Court on Wednesday adjourned Tan Sri Mohd Isa Samad’s review application over his reinstated corruption conviction and sentence after a dispute over what was said in earlier open court proceedings. Chief Judge of Malaya Datuk Seri Hashim Hamzah chaired the three-member bench. [1, 2, 3, 4]
The court said the certified record, recordings or transcription from the Feb 5 and Feb 10 proceedings should be produced or released to both sides. Justice Hashim said the panel acted in the interest of justice because there was a dispute over what happened in open court and both parties had sought the certified transcript record, or CRT, which the court had rejected earlier. [1, 2, 3]
The argument centres on whether the defence was invited to make submissions on mitigation before the panel. The prosecution said the defence had been invited to submit on the defence and mitigation but did not do so. Isa’s counsel, M. Athimulan, said no such request was made and there was no specific direction from the bench, and that the transcripts were needed to settle the issue. [1, 2, 3, 4]
Isa is serving a 6-year jail sentence and faces a RM15.45 million fine over 9 corruption charges linked to Felda Investment Corporation’s purchase of Merdeka Palace Hotel & Suites in Kuching, Sarawak. The Federal Court reinstated the conviction, sentence and fine on Feb 10, and Isa filed the Rule 137 review application on March 4, according to reports. [2, 3]
