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  • 5 months ago
Datuk Seri Mohd Isa Abdul Samad has failed in his application to review a decision by an earlier panel of the Federal Court over his conviction and sentence in his graft case involving the purchase of a hotel in Sarawak.

A three-judge panel of the Federal Court, chaired by Chief Judge of Sabah and Sarawak Justice Azizah Nawawi, found that there was no miscarriage of justice in Mohd Isa's case.

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00:01Former Federal Territories Minister Datuk Seri Mohammed Isa Abdul Samad has failed in his application to review a decision by
00:10an earlier panel of the federal court over his conviction and sentence in his graft case involving the purchase of
00:16a hotel in Sarawak.
00:18The court's three-judge panel found that there was no miscarriage of justice in Mohammed Isa's case.
00:24The court said during its proceedings, Mohammed Isa's lawyers focused on defending the Court of Appeals decision, acquitting Mohammed Isa,
00:32and did not address the merits of the defence before the court.
00:35They said the court did not, at any time, prevent and restrict the applicant from making any argument before the
00:42decision was reserved.
00:44They said, therefore, it cannot be said that the applicant was not given a chance to argue on the merits
00:49of his defence.
00:50On the issue of failure to allow for mitigation before sentencing, they said there was no failure by the previous
00:57panel, as the court was only exercising appellate jurisdiction while the finding of guilt was already made by the High
01:04Court.
01:05They said Mohammed Isa's mitigation had already been addressed at the High Court stage and did not require a separate
01:12submission as the prosecution did not seek an enhanced sentence at the federal court, but only to reinstate the High
01:19Court's conviction and sentence in the case.
01:21On February 10th, the federal court set aside the Court of Appeals decision in acquitting Mohammed Isa and reinstated the
01:29High Court's conviction and sentence in the case.
01:32They said the High Court's conviction for Mohammed Isa's nine charges was correct and safe and restored the six-year
01:39jail term and 15.45 million ringgit fine imposed by the High Court.
01:44Mohammed Isa was charged in 2018 with nine counts of receiving 3.09 million ringgit in bribes from a former
01:53director of Gurga-san Abadi Properties, Sendirian Berhad, via his former special officer.
01:59The payment was made as an inducement for approving the purchase of the Merdeka Palace Hotel and Suites in Kuching
02:05by Felder Investment Corporation, Sendirian Berhad.
02:14The payment was made as an inducement for approving the purchase of the Merdeka Palace Hotel and Suites in Kuching
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