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THE Federal Court has postponed proceedings involving former FELDA chairman Tan Sri Mohd Isa Abdul Samad’s application to overturn his corruption conviction and sentence after issues surfaced concerning the official court transcripts from earlier appeal hearings.
Mohd Isa is seeking a review of his reinstated conviction and punishment involving nine corruption charges linked to the purchase of the Merdeka Palace Hotel & Suites in Kuching, Sarawak, more than a decade ago.
The former Negeri Sembilan Menteri Besar is currently serving a six-year prison sentence and faces a RM15.45 million fine following the Federal Court’s earlier decision to restore his conviction after it had previously been overturned by the Court of Appeal.
A three-member Federal Court panel chaired by Chief Judge of Malaya Datuk Seri Hashim Hamzah deferred the proceedings to allow both the defence and prosecution to examine the Court Recording Transcripts (CRT) relating to hearings and rulings delivered on February 5 and February 10 this year.
The court granted the defence application for access to the transcripts after disagreements emerged regarding what had transpired during open court proceedings on both dates.
Hashim said the court allowed the transcripts to be released to both parties “in the interest of justice”.
The panel instructed both sides to review the recordings, compare their respective notes and inform the court once agreement had been reached regarding the disputed proceedings.
The panel, which also comprised Chief Judge of Sabah and Sarawak Datuk Azizah Nawawi and Datuk Collin Lawrence Sequerah, subsequently fixed tomorrow for case management.
Earlier, defence counsel M Athimulan told the court that the defence had been unable to prepare an affidavit relating to mitigation matters because access to the transcripts had not initially been granted.
The lawyer argued that there was now a dispute over whether the defence had been invited to present mitigation submissions before sentencing.
“I must address the prosecution’s narrative here where the deputy public prosecutor stated that we were asked to submit mitigation.
“I maintain that no such request was made and there was no specific direction from the panel at that time,” BH quoted him saying.
Deputy Public Prosecutor Afzainizam Abdul Aziz, however, argued that the prosecution had also not been permitted to obtain the transcripts and maintained that the matter had effectively already been addressed by the parties.
He further contended that the latest application was inappropriate.
On February 10, a separate three-member Federal Court panel chaired by Datuk Nordin Hassan unanimously reinstated Mohd Isa’s conviction and sentence after allowing the prosecution’s appeal against his acquittal by the Court of Appeal on March 6, 2024.
Mohd Isa, 77, filed the present review application on March 4 under Rule 137 of the Rules of the Federal Court 1995.
The High Court originally convicted him on February 3, 2021, on nine corruption charges involving RM3.09 million and sentenced him to six years’ imprisonment alongside a RM15.45 million fine, with an additional 18 years’ imprisonment in default of payment.
The Court of Appeal later acquitted and discharged him in March last year before the prosecution successfully appealed to the Federal Court.
Mohd Isa was first charged in 2018 with receiving RM3.09 million in bribes through his former special officer, Muhammad Zahid Md Arip, from former Gegasan Abadi Properties Sdn Bhd board member Ikhwan Zaidel.
The payments were allegedly made as inducement and appreciation for assisting in the approval of FELDA Investment Corporation Sdn Bhd’s RM160 million acquisition of the Merdeka Palace Hotel & Suites in Kuching.
The offences were alleged to have taken place at Menara FELDA, Platinum Park, Persiaran KLCC, Kuala Lumpur, between July 21, 2014 and December 11, 2015.
The charges were brought under Section 16(a)(A) of the Malaysian Anti-Corruption Commission Act 2009, which carries a maximum prison sentence of 20 years and a fine of no less than five times the value of the gratification or RM10,000, whichever is higher. - May 13, 2026
