Isa denied right to argue defence before conviction restored, court told

PUTRAJAYA: Former Felda chairman Isa Samad was denied natural justice when the Federal Court reinstated his corruption conviction without inviting his lawyers to address the merits of his defence, a review panel was told today.

Senior counsel Hisyam Teh Poh Teik argued that once the appellate bench was satisfied the prosecution had established a prima facie case, it should have called on the defence to make submissions.

“The appellate court ought to have invited us to submit on Isa’s defence. Its failure to do so amounted to a breach of natural justice,” Hisyam told a three-member review panel chaired by Chief Judge of Sabah and Sarawak Azizah Nawawi.

Justices Collin Lawrence Sequerah and Ravinthran Paramaguru are sitting with Azizah to hear Isa’s application under Rule 137 of the Federal Court Rules 1995.

Isa, a former Negeri Sembilan menteri besar, is seeking to set aside the Federal Court’s Feb 10 decision on grounds of breach of natural justice and procedural impropriety.

Hisyam submitted that the Court of Appeal’s 2024 decision to acquit Isa was based on its finding that the prosecution had failed to establish a prima facie case by proving all the essential ingredients of the offences charged.

He said the Federal Court, in reversing that decision, described Isa’s defence as a “bare denial”, an “afterthought”, and insufficient to rebut the presumption under Section 50 of the Malaysian Anti-Corruption Commission Act that the gratification received was corruptly obtained.

The Feb 10 appellate panel was chaired by Justice Noordin Hassan and comprised Justices Lee Swee Seng and Ruzima Ghazali.

Counsel M Athimulan, also appearing for Isa, argued that his client should have been allowed to mitigate after the Federal Court reinstated his conviction.

“The bench did not allow us to mitigate but instead affirmed the sentence imposed by the High Court,” he said.

Athimulan submitted that once the Federal Court found Isa guilty, the mitigation process under Section 183 of the Criminal Procedure Code should have been triggered before sentencing.

Deputy public prosecutor Afzainizam Abdul Aziz rebutted that the prosecution had already addressed Isa’s defence in both its petition of appeal and written submissions before the Federal Court.

“We gave clear notice that the Court of Appeal had erred in both fact and law,” he said.

Afzainizam also argued there was no need for the Federal Court to invite further submissions on sentencing because the prosecution’s appeal had expressly sought restoration of the High Court’s decision.

“We did not ask the Federal Court to enhance Isa’s sentence,” he said, urging the review panel to dismiss the application.

Azizah said the panel would deliver its ruling at 3pm.

Isa began serving his sentence at Sungai Buloh prison after the Federal Court restored the High Court’s 2021 sentence of six years’ imprisonment and a RM15.5 million fine on Feb 10.

He was convicted on nine corruption charges involving RM3.09 million in gratification linked to Felda’s acquisition of the Merdeka Palace Hotel & Suites in Kuching 12 years ago.

In 2024, the Court of Appeal, chaired by Justice Vazeer Alam Mydin Meera, unanimously allowed Isa’s appeal and set aside both his conviction and sentence.

The prosecution, however, succeeded in its subsequent appeal to the Federal Court, which reinstated the High Court’s conviction and sentence.

Isa is seeking to overturn that decision through the present review application.