Pendakwa Raya [Pendakwa Raya] v MOHD ISA BIN ABDUL SAMAD

05lb-32-03-2024w Federal Court (Mahkamah Persekutuan) 9 February 2026 • 05(LB)-32-03/2024(W) • 74 min read
29 cases cited (0 SG, 29 foreign)

Catchwords

The presumption under section 50(1) of the MACC Act 2009, upon establishing the receipt of the money, it is presumed that the money was received corruptly on account of the matters set out in the charge. Once the presumption triggers, the burden is shifted to the respondent to rebut, on the balance of probabilities, that the money was not received corruptly as a reward. The credibility of a witness is best determined by the trial judge, who has the advantage of audio-visual evidence and can assess the witness's demeanour. Unless the assessment is plainly wrong and made against the weight of the evidence presented, the finding on credibility should not be disturbed by the appellate court.

Practice Areas

The presumption under section 50(1) of the MACC Act 2009, upon establishing the receipt of the money, it is presumed that the money was received corruptly on account of the matters set out in the charge. Once the presumption triggers, the burden is shifted to the respondent to rebut, on the balance of probabilities, that the money was not received corruptly as a reward. The credibility of a witness is best determined by the trial judge, who has the advantage of audio-visual evidence and can assess the witness's demeanour. Unless the assessment is plainly wrong and made against the weight of the evidence presented, the finding on credibility should not be disturbed by the appellate court.

Judges (3)

Che Mohd Ruzima bin Ghazali Coram Lee Swee Seng Coram Nordin bin Hassan Delivered

Counsel (10)

Attorney General's Chambers Firm Hafarizam Wan & Aisha Mubarak Firm Afzainizam bin Abdul Aziz Counsel Appellant Ashok a/l Athimulan Counsel Respondent Athimulan a/l Muruthiah Counsel Respondent Cheah Sin Chin Counsel Respondent Datuk Abu Bakar bin Isa Ramat Counsel Respondent Mohamed Baharudeen bin Mohamed Ariff Counsel Respondent Nor Elly Etasya Affreina binti Mohd Zamri Counsel Respondent Nur-Diana Ezlyn binti Hashim Counsel Respondent

Parties (2)

Pendakwa Raya Appellant Mohd Isa bin Abdul Samad Respondent

Case Significance

Pendakwa Raya [Pendakwa Raya] v MOHD ISA BIN ABDUL SAMAD is a Federal Court (Mahkamah Persekutuan) decision dated February 9, 2026 (citation: 05lb-32-03-2024w). <p>The Public Prosecutor appealed against the Court of Appeal's acquittal of Mohd Isa bin Abdul Samad on nine charges of corruption under the Malaysian Anti-Corruption Commission Act 2009 relating to his tenure as chairman of Felda Global Ventures Holdings. The Federal Court examined the presumption of corrupt receipt under section 50(1) of the MACC Act and the proper standard for appellate review of credibility findings. The High Court had convicted and sentenced the respondent to 6 years impri The panel comprised Che Mohd Ruzima bin Ghazali, Lee Swee Seng and Nordin bin Hassan, with Nordin bin Hassan delivering the judgment.

Summary

The Public Prosecutor appealed against the Court of Appeal's acquittal of Mohd Isa bin Abdul Samad on nine charges of corruption under the Malaysian Anti-Corruption Commission Act 2009 relating to his tenure as chairman of Felda Global Ventures Holdings. The Federal Court examined the presumption of corrupt receipt under section 50(1) of the MACC Act and the proper standard for appellate review of credibility findings. The High Court had convicted and sentenced the respondent to 6 years imprisonment per charge with cumulative fines of RM15.45 million.

What was the outcome of Pendakwa Raya [Pendakwa Raya] v MOHD ISA BIN ABDUL SAMAD?

<p>The Public Prosecutor appealed against the Court of Appeal's acquittal of Mohd Isa bin Abdul Samad on nine charges of corruption under the Malaysia...

Statutes Cited

Customs Act 1967 (Cap 235)
s 137
Dangerous Drugs Act 1952 (Cap 234)
Evidence Act 1950 (Cap 56)
s 134
MACC Act
s 50(1)
MACC Act
s 16 s 50(1)
MACC Act 2009
s 50(1)
Penal Code
s 409
Penal Code (Cap 574)
s 165 s 409
Prevention of Corruption Act 1961
s 14
Prevention of Corruption Act 1961
s 4(a)
Prevention of Corruption Act 1961
s 14

Cases Cited (29)

UK (1)
[1973] 1 All ER 440
MY (26)
[1966] MLJ 64 [1968] 1 MLJ 238 [1968] 2 MLJ 89 [1969] 2 MLJ 89 [1970] 2 MLJ 143 [1971] 1 MLJ 153 [1977] 1 MLJ 15 [1977] 2 MLJ 187 [1977] 2 MLJ 401 [1980] 2 MLJ 273 [1981] 1 MLJ 144 [1992] 2 MLJ 625 [1997] 2 MLJ 401 [1997] 3 CLJ 150 [1997] 5 MLJ 505 [2002] 3 MLJ 193 [2004] 5 MLJ 97 [2005] 2 MLJ 1 [2005] 4 MLJ 37 [2006] 1 CLJ 457 [2007] 5 CLJ 1 [2012] 1 CLJ 49 [2012] 7 CLJ 715 [2013] 4 MLJ 596 [2015] 5 CLJ 938 [2025] 10 CLJ 533
IN (2)
AIR 1958 SC 61 AIR 1960 SC 548