Former Felda chairman Tan Sri Isa Samad must serve a six-year prison term after the Federal Court reinstated his RM3.09 million corruption conviction.
PUTRAJAYA: The Federal Court has reinstated the corruption conviction and six-year prison sentence of former Felda chairman Tan Sri Mohd Isa Abdul Samad. A three-member bench led by Justice Datuk Nordin Hassan allowed the prosecution’s appeal, overturning Mohd Isa’s 2024 acquittal by the Court of Appeal.
The court restored the High Court’s 2021 decision, which also included a RM15.45 million fine. Justice Nordin stated that the High Court’s sentence was appropriate and that “corruption is a heinous act that would destroy a nation.”
The bench subsequently issued a warrant of committal, sending the 76-year-old to Sungai Buloh prison to begin his sentence immediately. Mohd Isa was convicted on nine charges of receiving RM3.09 million in bribes linked to a hotel purchase.
The bribes were received through his former special officer from a director of Gegasan Abadi Properties Sdn Bhd. This was an inducement to approve Felda Investment Corporation’s RM160 million purchase of the Merdeka Palace Hotel & Suites in Kuching.
In delivering the judgment, Justice Nordin ruled the High Court correctly invoked a presumption under the MACC Act. He stated that Mohd Isa failed to rebut the presumption that the gratification was received corruptly.
The judge noted evidence showed Mohd Isa solicited the bribe through his officer, instructing him “if they give anything, you take it.” The officer had informed the property director that “Tan Sri is a politician” who sometimes “requires funds for political work.”
Justice Nordin highlighted that Mohd Isa repeatedly asked his officer to convey “salam” to the witness, giving it a different connotation in this context. He concluded these instructions, coupled with the repeated greetings, corroborated evidence of solicitation.
“It was highly improbable that Muhammad Zahid would solicit or demand the bribe for himself,” Justice Nordin said. He added that it requires a person in authority to solicit such a substantial amount.
The Federal Court found that the Court of Appeal had misapplied the legal presumption and failed to properly assess the facts. This warranted the apex court’s intervention to reinstate the original conviction and sentence.
Deputy public prosecutor Afzainizam Abdul Aziz appeared for the prosecution in today’s proceedings. Mohd Isa was represented by lawyers M M Athimulan and Datuk Abu Bakar Isa Ramat.