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Malaysia’s Top Court Reinstates Corruption Conviction Against Veteran Politician Isa Samad

Fraud, Bribery & CorruptionMalaysia’s Top Court Reinstates Corruption Conviction Against Veteran Politician Isa Samad

In a landmark ruling underscoring Malaysia’s continued crackdown on corruption, the Federal Court has convicted veteran politician Tan Sri Mohd Isa Samad, sentencing him to six years in prison and imposing a hefty fine of RM15.45 million.

The unanimous decision by the apex court overturns an earlier acquittal by the Court of Appeal, reinstating the High Court’s 2021 conviction on nine counts of graft. Isa, a former vice-president of United Malays National Organisation and ex-chairman of the Federal Land Development Authority (Felda), was found guilty of receiving RM3.09 million in bribes linked to the controversial acquisition of the Merdeka Palace Hotel & Suites in Kuching over a decade ago.

Delivering the judgment, Justice Datuk Nordin Hassan stated that the appellate court had erred in its interpretation of the law, particularly in failing to properly apply statutory presumptions under the Malaysian Anti-Corruption Commission (MACC) Act. The Federal Court bench, which included Justices Datuk Lee Swee Seng and Datuk Che Mohd Ruzima Ghazali, ruled that the trial court’s findings were firmly supported by both evidence and legal principles.

“The conviction is correct and safe,” Justice Nordin said, emphasizing that corruption is a grave offence with far-reaching consequences for national integrity. He added that a deterrent sentence was necessary, describing corruption as a “heinous act that would destroy the nation.”

The case centers on Felda’s purchase of the Kuching-based hotel, during which Isa was found to have solicited and received bribes through his former aide, Muhammad Zahid Md Arip. The court heard that the payments were made by Ikhwan Zaidel, a director at Gegasan Abadi Properties Sdn Bhd, the company involved in the hotel sale.

Evidence presented during the trial revealed that the solicitation began in 2014, when the company sought approval to sell the hotel to Felda at a reduced price of RM160 million, down from RM200 million. According to testimony, Zahid conveyed to Ikhwan that Isa required funds, and subsequent payments were made in cash, often delivered in envelopes or bags.

A notable aspect of the case was the repeated use of the term “salam,” which the court accepted as a coded reference to bribe demands. While acknowledging that the term is commonly used as a greeting in Muslim culture, the judges concluded that its repeated use in this context indicated a request for illicit payments.

The Federal Court also reaffirmed the credibility of key witnesses, including Zahid and Ikhwan, whose testimonies detailed the withdrawal and transfer of funds. The court rejected the defence’s argument that Zahid had acted independently without Isa’s knowledge, noting a lack of evidence to support claims of misappropriation.

In its ruling, the bench highlighted that the RM3.09 million received by Isa likely originated from a RM10 million commission related to the hotel transaction, further strengthening the prosecution’s case. The court found that the defence had failed to rebut the statutory presumption of corruption, as required under law.

Isa’s legal troubles extend beyond this case. In a separate civil suit earlier this year, the High Court ruled in favor of FGV Holdings Bhd, ordering him to repay nearly RM1 million for the unauthorized use of luxury condominium units owned by the company. That decision is currently under appeal.

Following the Federal Court’s ruling, Isa, now 77, was taken into custody and escorted to Sungai Buloh prison to begin serving his sentence. The courtroom scene turned emotional as his wife, Puan Sri Bibi Sharliza Mohd Khalid, a political figure in her own right, was seen in tears as she exited the premises.

The judgment marks a significant moment in Malaysia’s ongoing efforts to strengthen accountability and reinforce public trust in its institutions, particularly in cases involving high-profile political figures.

By FCCT Editorial Team

Disclaimer: The views expressed in this article are independent views solely of the author(s) expressed in their private capacity.

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