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.
The three-judge panel, led by Judge Datuk Vazeer Alam Mydin Meera when reading out the judgement stated that in the charges and their opening statement it was stated that the gratification was a reward for helping to approve the purchase of MPHS, and then in the course of trial the narrative was changed to ‘inducement’ so that Mohd Isa did not interfere with the contract for the purchase of MPHS.
“The question then arises as to which element 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 (Mohd 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 the 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.
more to come..
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