Federal Court adjourns Isa Samads bid to overturn conviction

Apex court allows the defence team to view recordings of earlier court proceedings to determine if he was denied his right to be heard.

The adjournment was granted after the court allowed the defence’s request to view recordings of the proceedings on Feb 5 and 10.

Isa claims there was a breach of natural justice as his lawyer was denied the opportunity to make submissions on his behalf prior to the apex court’s verdict.

“We are allowing the application in the interest of justice,” Chief Judge of Malaya Hashim Hamzah said in granting the adjournment.

Also on the panel hearing Isa’s review application were Chief Judge of Sabah and Sarawak Azizah Nawawi and Justice Collin Lawrence Sequerah.

A case management has been scheduled for tomorrow to fix a new hearing date for the application.

In 2021, Isa was convicted by the High Court of nine corruption charges involving RM3.09 million. He was sentenced to six years in jail and fined RM15.5 million.

Two years ago, a Court of Appeal bench led by Justice Vazeer Alam Mydin Meera unanimously allowed Isa’s appeal, quashing the conviction and sentence.

However, on Feb 10, the Federal Court restored both conviction and sentence, and ordered that Isa begin his jail term immediately.

On March 4, Isa filed for a review under Rule 137 of the Federal Court Rules 1995, contending that his lawyer, M Athimulan, was not given a right of reply.

In an affidavit opposing the application, the prosecution said the three-member Federal Court bench which heard the appeal had, at the hearing on Feb 5, asked Athimulan if he wished to make oral submissions on Isa’s defence and mitigation.

According to deputy public prosecutor Afzainizam Abdul Aziz, the lawyer replied in the negative.

Athimulan told the court today that he would need to view the recordings to respond to the prosecution’s contention.

Lawyers Zulkefli Ahmad Makinudin, Hisyam Teh Poh Teik, Wan Azmir Wan Majid, Abu Bakar Isa Rahmat, and Baharudden Ariff appeared for Isa in today’s proceedings.

Afzainizam was assisted by deputy public prosecutor Arif Aizuddin Masrom.