KUALA LUMPUR – The Court of Appeal today ruled that the prosecution in Tan Sri Mohd Isa Abdul Samad’s corruption case involving RM3 million over the agency’s purchase of Merdeka Palace Hotel & Suites (MPHS) in Kuching, Sarawak, has presented two different narratives of its case.
When reading out the judgement, the three-judge panel, led by judge Datuk Vazeer Alam Mydin Meera, stated that in the charges and their opening statement, the gratification was stated to be a reward for assisting in the approval of the purchase of MPHS, and then in the course of trial, the narrative was changed to ‘inducement’ so that Isa did not interfere with the contract for the purchase of MPHS.
“The question then arises as to which element of Section 16(a)(A) MACC Act 2009 was used by the learned trial judge in deciding whether a prima facie case has been established against the appellant (Isa). Is it one of reward, or is it one of inducement?
“The prosecution cannot change the goal post midstream. They must keep to the particulars stated in the charges as they stand. The charges were amended once but the reason for the gratification stated in the original charges remained the same in the amended charges, and it was as a reward for the appellant in assisting to get approval for the purchase of the building and not the perceived fear that the appellant would throw a spanner in the works,” he said.
He further said that it was trite law that the appellant must have sufficient notice of the matter with which he is charged, as otherwise he will be seriously prejudiced in his defence. – March 6, 2024