"Can I advise you something" shows Rosmah controls Najib, involves in govt affairs - Court

In his 116-page judgment, Judge Mohamed Zaini Mazlan said it was clear from the audio recording that the accused gave instructions to Najib on government affairs.

The judge was referring to the audio clip of "Can I advise you something" between Najib and Rosmah that went viral previously.

"In her witness statement, the accused did not assertively state that the voices in the audio recording were not of her and Najib. No fewer than three witnesses, namely Datuk Rizal Mansor (former aide of Rosmah), former Minister of Education Datuk Seri Mahdzir Khalid and the ministry's then secretary-general Tan Sri Madinah Mohamed, have positively identified the voices in the recording as those of Najib and the accused.

"These three are familiar with Najib and the accused's voices. I do not doubt that they were right. The accused had attempted to downplay the conversation in the recording by relating it to a typical discussion between a husband and wife. However, it was no ordinary conversation between spouses, for it was about government affairs," said the judge.

The judge said the accused's tone was commanding and contrary to her contention that she heeded Najib's prohibition on not meddling in government affairs.

"I say this with the greatest of respect, but it is apparent that the accused dominates Najib. She has control over him. She had no business interfering in Najib's duties or the government's affairs, but she did," said the judge.

He further added that Rizal was telling the truth when he said that the accused has an overbearing nature and the ability to influence decisions in the civil service as he has worked with her for many years and would have been able to witness this personally.

"That the likes of Mahdzir, Madinah and Ministry of Education secretary-general Datuk Seri Alias Ahmad never questioned any queries or instructions from the accused or Rizal adds weight to this factor. The accused does not strike as someone Rizal could have taken advantage of.

"She has a steely character and would not hesitate to admonish anyone. It was also evident during the trial as she was not cowed when being cross-examined by the learned counsel for the prosecution, which I might add is no mean feat considering the learned counsel's eminence.

Judge Mohamed Zaini further said he acknowledged that Datuk Aazmey (Pekan UMNO secretary, Datuk Ahmad Aazmey Abu Talib) had played a significant part in getting the minutes from Najib for Jepak Holdings Sdn Bhd's benefit, but the facts evince that the accused, too, played a significant part.

"For instance, the accused had told Madinah (former secretary-general, Ministry of Education Tan Sri Madinah Mohamad) "You tengok skit pojek solar Jepak. Cepatkan sikit." (Look into the Jepak solar project. Expedite it) during one of Permata's events. There is no reason for Madinah to concoct a lie to implicate the accused. What would be her motive? If there was any, this was never put to her," he added.

The judge further said that the accused claimed that former Minister of Education Datuk Seri Mahdzir Khalid and former secretary-general of Ministry of Education Datuk Seri Alias Ahmad had a vested interest in the project and that they had cast aspersions on the accused to camouflage their wrongdoings on the project.

He said he found no credible evidence to prove that Mahdzir or Alias had attempted to profit from the project and there were also many accusations thrown at them during cross-examination, particularly Mahdzir.

"From my observation, Mahdzir had steadfastly denied all the accusations. He never showed any signs of being nervous or apprehensive in refuting the negative aspersions cast during the cross. He was resolute," he said.

The judge further said that Mahdzir also complained to Najib of Saidi and his business partner Rayyan Radzwill Abdullah's incessant harassment and disrespectful attitude toward him as a Minister.

"Nevertheless, Najib again ignored his plea and instructed him to follow his instructions. It is indeed amazing that a contract worth RM1.25 billion could simply be awarded merely by penning minutes without going through the expected procedures that will serve to check and balance," he added.

Judge Mohamed Zaini also pointed out that there were two incidents stood out to prove the accused's active interference in the project.

"First, there was the occasion where Datuk Othman Semali from the Finance Ministry had told off Datuk Rizal Mansor, at that time special officer of Prime Minister's Office and Saidi when they came to see him with a letter that had Najib's minutes stating his agreement for the Ministry of Education to negotiate directly with Jepak.

"In chastising the duo, Othman had told them that he serves the public, not politicians. When the duo complained to Rizal, the latter had, in turn, told the accused, who a few days later told Rizal that "Aku dah cakap dengan laki aku dah." (I have already told my husband). A few days later, the Finance Ministry's approval was issued," he said.

The judge said the second occasion was regarding clause 11 of the letter of award that Saidi and Rayyan had issues with Mahdzir who did not relent when they came to see him and asked for the clause to be taken out.

"That changed when Saidi called Rizal and passed the phone to Mahdzir. Rizal told Mahdzir to do as told and reminded him that "Mem", the accused, was aware of the project. That was enough to compel Mahdzir to instruct his officers to take clause 11 out.

"This incident was after Mahdzir had met Najib twice. It was clear to Mahdzir that the accused was in "Jepak's team". He was not wrong," he added.