Lawyer K Kumaraendran said this information that was sought to be entered through investigating officer Haris Ibrahim is hearsay evidence and inadmissible.
“Both accused will be prejudiced as the information was obtained from a third party,” he told the sessions court here.
Counsel M Athimulan, representing Bung, also said the prosecution was not complying with a provision in the Malaysian Anti-Corruption Commission Act (MACC).
“This information is inadmissible as it must be made by the complainant,” he said.
The defence is also unaware who the complainant is in the case of Bung and his wife.
The objection came about when Haris, the 27th and last prosecution witness took the stand.
Haris said on June 9, 2016, his superior Zainuddin Hussein from MACC’s special investigations unit in Putrajaya called him to put in writing a complaint pertaining to this case.
At this juncture, Kumaraendran stood up to object when deputy public prosecutor Law Chin How asked Haris whether he could verify the information.
Deputy public prosecutor Sophian Zakaria, who is appearing with Law, submitted that the MACC Act is a special legislation to allow information to be obtained from whistleblowers.
“Whistleblowers are protected and the investigating officer cannot reveal or identify the person in his report,” he added.
Trial judge Rozina Ayob then instructed parties to file written submissions by April 20 for her to make a ruling on the admissibility of the information on April 22.
Bung, 64, who is also Kinabatangan MP and Sabah deputy chief minister, is facing two charges of accepting bribes amounting to RM2.2 million and RM262,500 as an inducement to obtain Felcra’s approval to invest in the Public Mutual unit trust fund.
The non-executive chairman of Felcra at the time, he is accused of accepting bribes through Zizie at Public Bank’s Taman Melawati branch here between 12.30pm and 5pm on June 12, 2015.
He also pleaded not guilty to accepting RM335,500 in cash as a bribe from unit trust consultant Norhaili Ahmad Mokhtar, through Zizie, for the same reason and at the same place on June 19, 2015.
Zizie, 44, pleaded not guilty to three charges of abetting her husband in the matter at the same place, date and time.