MACC has no right to conduct investigation at Rosmah's house - Defence

Lawyer Datuk Akberdin Abdul Kader, who representing Rosmah, said this when cross-examining MACC investigating officer Noornabilah Mohd Azman, 30, pertaining to the search and seizure carried out by the agency when conducting an investigation at the former prime minister’s wife’s house on Nov 2, 2018.

Rosmah, 69, faces one charge of soliciting RM187.5 million and two charges of receiving bribes amounting to RM6.5 million from former managing director of Jepak Holdings Sdn Bhd, Saidi Abang Samsudin.

Akberdin had earlier questioned the report number stated in the notice of the inspect, search and seize order which referred to the investigation into other individuals, and not to Rosmah.

The 23rd witness, who was also the last witness of the prosecution, then said that the report number was referring to the investigation made on Saidi.

Akberdin: Why use his (Saidi) report number to conduct an inspection at Datin Seri Rosmah’s house?

Noornabilah: At that time we were referring to Saidi’s testimony which stated that he (Saidi) had given bribes.

Akberdin: I put it to you that this notice is flawed because it does not refer to the investigation into the suspect. How can you go to Rosmah’s house using Saidi’s report? You have no right to go to Rosmah’s house because the report number (on the notice) does not refer to her (Rosmah) and she (Rosmah) is not a suspect.

Noornabilah: Disagree.

The lawyer then asked the witness to refer to the acknowledgment of receipt of the notice bearing Zefry Ibrahim as the nominee, which Noornabilah agreed that the notice of order to inspect, search and seize should be referred to the suspect, not someone else.

Akberdin: I suggest again that you cannot enter Rosmah’s house because Zefry is not the person being investigated and the MACC does not have the authority to enter the house because he did not get a mandate from the suspect.

Noornabilah: Disagree.

Akberdin also claimed that his client was the victim of selective and malicious prosecution because other individuals such as former education minister Datuk Seri Mahdzir Khalid and Pekan UMNO division secretary Datuk Ahmad Aazmey Abu Talib, who were also investigated in connection with the solar hybrid case, were not charged in court.

Meanwhile, Rosmah's former special assistant, Datuk Rizal Mansor, according to Akberdin, who previously faced four charges of soliciting and accepting bribes amounting to RM5.5 million for himself and Rosmah in connection with the solar project, was released after the prosecution withdrew all charges against him.

Akberdin: Mahdzir was not charged because the main target of the prosecution was Rosmah, we did not see Rizal, Saidi and Aazmey (facing charges).

Noornabilah: Right.

Akberdin: If you accuse Mahdzir (and others), the goal of getting a conviction against Rosmah cannot be achieved.

Noornabilah: Disagree.

Akberdin: This is another agenda or malicious intent of certain parties to tarnish the image and reputation of Rosmah as a former first lady by not bringing charges against Mahdzir (and others).

Noornabilah: I disagree.

Rosmah is alleged to have received bribes through her former aide, Datuk Rizal Mansor, as a reward for helping Jepak Holdings secure the Hybrid Photovoltaic Solar System Integrated Project, as well as the maintenance and operation of diesel gen-sets, for 369 Sarawak rural schools worth RM1.25 billion from the Education Ministry through direct negotiation.

The acts were allegedly committed at Lygon Cafe, Sunway Putra Mall, Jalan Putra here; Rosmah’s residence at Jalan Langgak Duta, Taman Duta and at Seri Perdana, Persiaran Seri Perdana, Precinct 10, Putrajaya between January 2016 and Sept 2017.

The trial before Judge Mohamed Zaini Mazlan continues tomorrow and the court also set Oct 20 to recall Mahdzir, who is also the fifth witness of the prosecution, for cross-examination by the defence.