Tan Sri Mohd Isa Samad, the former Chairman of the Federal Land Development Board (Felda), has been acquitted of nine charges of bribery amounting to RM3 million. A three-judge panel of the Court of Appeal announced the decision, stating that the payment of the bribe was not supported by reliable evidence.
The panel, chaired by Datuk Vazeer Alam Mydin Meera, found that the evidence presented did not conclusively prove that the payment was made to Isa through the two witnesses involved. The judges highlighted that while there were claims of payments made to Isa, there was no concrete evidence to support these claims.
The charges were related to alleged payments made to Isa by a former board member of Syarikat Gegasan Abadi Properties Sdn Bhd (GAPSB), Ikhwan Zaidel. These payments were supposedly made out of fear that Isa, who was the Chairman of Felda Investment Corporation (FIC) Sdn Bhd at the time, could cancel the contract for the sale of Merdeka Palace Hotel & Suites (MPHS) in Kuching, Sarawak.
However, the judges noted that the charges against Isa were flawed because they did not specifically mention his role in potentially canceling the contract, which was a key element of the prosecution's case. Additionally, there were inconsistencies in the prosecution's narrative, with different versions of events presented in the charges and opening statements.
The panel emphasized that the prosecution cannot change the charges midway through the trial and must adhere to the specified charges. They found that the High Court judge had erred in deciding the case based on the testimony of one witness, and as a result, the conviction on all nine charges was deemed unsafe.
In light of these findings, Isa was acquitted and released from all charges. The decision has prompted discussions among legal experts, with Deputy Public Prosecutor Afzainizam Abdul Aziz stating that his party needs to consult with the Attorney General (AG) before deciding on any further action, including a possible appeal.
Isa's legal team, led by lawyer Datuk Salehuddin Saidin, had filed a notice of appeal against the conviction and sentence imposed by the Kuala Lumpur High Court in February 2021. The former Negeri Sembilan Menteri Besar was initially sentenced to six years in prison for each of the nine charges, totaling 54 years, along with a fine of RM15.45 million. However, the court ruled that the sentences would run concurrently, meaning he would only serve a six-year prison term.
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