PUTRAJAYA: The Court of Appeal today ordered the High Court to re-hear Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad's appeal over the Sessions Court's decision ordering them to enter their defence on three corruption charges.
A three-member bench led by Datuk Hadhariah Syed Ismail unanimously allowed the couple's appeal for the High Court to hear the merits of their appeal.
"The court is duty bound to consider the merits of the application.
"However, it is the duty of the High Court to consider the merits of the application which was not done in this case," she said.
The court also set July 14 for case management.
The other judges who also presided in the proceedings were Datuk Azman Abdullah and Datuk Azmi Ariffin.
The Sessions Court, on Sept 2, last year, had ordered the Kinabatangan member of Parliament and his wife to enter their defence on three charges of corruption amounting to RM2.8 million involving a RM150 million investment in Public Mutual Berhad unit trust.
On Dec 9 last year, High Court Judicial Commissioner Azhar Abdul Hamid dismissed the couple's application for revision of the Sessions Court's decision, prompting them to appeal to the Court of Appeal.
This was after Azhar allowed the prosecution's preliminary objection to dismiss the duo's application on the grounds that Bung Moktar and Zizie Izette had used the wrong method to file the revision application.
In the application, which was filed separately, both of them sought an order from the High Court to revoke the decision of the Sessions Court.
On May 3, 2019, Bung Moktar was charged with two charges of accepting bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra approval to invest RM150 million in Public Mutual unit trusts.
He is alleged to have accepted the bribes from Public Mutual Berhad's investment agent Madhi Abdul Hamid through Zizie Izette at Public Bank's Taman Melawati Branch here between 12.30 pm and 5 pm on June 12, 2015.
Bung Moktar was also charged with receiving RM337,500 in cash from Unit Amanah consultant, Norhaili Ahmad Mokhtar, under the name of Zizie Izette for the same reason and place on June 19, 2015.
Zizie Izette, meanwhile, is facing three charges of abetting her husband over the matter at the same place, date and time.