KUALA LUMPUR — The Federal Court today dismissed former Mohd Isa Abdul Samad’s application for leave to review its earlier decision which reinstated his corruption conviction, six-year prison sentence and RM15.45 million fine.
A three-judge bench comprising Chief Judge of Sabah and Sarawak Datuk Azizah Nawawi and Federal Court judges Datuk Collin Lawrence Sequerah and Datuk Ravinthran N. Paramaguru ruled that there had been no miscarriage of justice in the earlier proceedings, Bernama reported.
Delivering the unanimous decision, Justice Azizah said Isa, through his counsel, had been given a full opportunity to present submissions on both his defence and mitigation during the earlier hearing.
“However, the applicant chose not to address those arguments and, as such, the earlier Federal Court panel had fairly exercised its appellate jurisdiction in accordance with Sections 86 and 92 of the Courts of Judicature Act 1964,” she said.
She added that the earlier panel was entitled to re-examine evidence considered by both the High Court and the Court of Appeal before overturning the appellate decision and restoring the conviction and sentence.
Justice Azizah said Isa’s right to be heard had been fully observed, stressing that it was his legal team’s decision not to address the merits of the case before the court.
“In this matter, the applicant’s counsel chose to focus on defending the Court of Appeal’s decision rather than addressing the merits of the defence before the Federal Court. Having taken that approach, the applicant cannot now claim that he was denied the right to be heard,” she said.
She also noted that the court had not at any stage restricted Isa from advancing arguments before judgment was reserved.
Addressing claims that he was denied mitigation, Justice Azizah said no procedural irregularity had occurred as the court was exercising appellate jurisdiction.
She added that mitigation had already been considered at the High Court stage and no further submissions were necessary, particularly as the prosecution had not sought a higher sentence.
Isa also did not object or request additional mitigation during proceedings, she said.
Isa, 76, is currently serving a six-year jail term after the Federal Court on Feb 10 reinstated his conviction, sentence and fine following the prosecution’s appeal.
On Feb 3, 2021, the High Court found him guilty of corruption and sentenced him to six years’ imprisonment and a RM15.45 million fine, with an additional two years’ jail in default of payment.
However, on March 6, 2024, the Court of Appeal overturned the conviction and acquitted him of nine corruption charges involving RM3 million linked to Felda Investment Corporation Sdn Bhd’s purchase of the Merdeka Palace Hotel & Suites in Kuching.
The former Negeri Sembilan Menteri Besar was accused of receiving RM3.09 million in bribes from then Gegasan Abadi Properties Sdn Bhd director Ikhwan Zaidel through his former special officer, Muhammad Zahid Md Arip, as an inducement to approve Felda Investment Corporation Sdn Bhd’s RM160 million acquisition of the hotel.
Earlier, Isa’s counsel argued that his client had suffered a serious miscarriage of justice, claiming the earlier Federal Court panel deliberated on the defence without giving him a chance to respond.
However, Deputy Public Prosecutor Afzainizam Abdul Aziz submitted that the defence team had been given sufficient opportunity to address both the merits and mitigation but chose not to do so.
Following today’s ruling, Isa’s remaining legal avenue is to seek a pardon from the Yang di-Pertuan Agong. — June 26, 2026