Prosecution in Rosmah's solar graft trial closes case after calling 23 witnesses

Senior deputy public prosecutor Datuk Seri Gopal Sri Ram told High Court Judge Mohamed Zaini Mazlan that the prosecution was closing its case after its fifth witness, former Education Minister Datuk Seri Mahdzir Khalid, who was recalled for cross-examination by the defence, completed giving his evidence.

Justice Mohamed Zaini ordered both parties to file their written submissions, the defence by Dec 28 and the prosecution by Jan 4 next year, and for the defence to reply to the prosecution on Jan 29 next year.

The judge also fixed Feb 10 next year for the parties to appear before him for oral clarification, before deciding whether to acquit Rosmah, 69, of the corruption charges or order her to enter her defence.

Sri Ram had earlier said the prosecution was offering 10 prosecution witnesses including former Prime Minister Datuk Seri Najib Tun Razak to the defence.

Justice Mohamed Zaini turned down the prosecution's application to include as court evidence the audio recording of an alleged conversation involving Rosmah and her husband Najib and its transcript.

“I am disinclined to allow the audio recording and transcript to be admitted as prosecution evidence,” he said.

Rosmah, who was clad in white baju kurung and headscarf, is facing one charge of soliciting RM187.5 million and two counts of receiving bribes totalling RM6.5 million from Jepak Holdings former managing director Saidi Abang Samsudin.

She was initially supposed to be tried with her former special officer Datuk Rizal Mansor, 46, who was charged with four counts of soliciting and receiving bribes on behalf of Rosmah, over the project.

However, on Jan 8 this year the court acquitted Rizal of the charges after the prosecution withdrew all four charges against him. He then became a key prosecution witness.

On Nov 15, 2018, Rosmah pleaded not guilty in the Sessions Court here to two counts of soliciting RM187.5 million and receiving RM1.5 million for projects to provide solar energy to rural schools in Sarawak.

On the first count, she was charged with dishonestly soliciting for herself, made through Rizal, a gratification of RM187,500,000, which is 15 per cent of the value of the contract for the project, from Saidi.

It was as an inducement to help the company (Jepak Holdings) to secure the Hybrid Photovoltaic Solar System Integrated Project and Maintenance and Operation of Genset/Diesel for 369 rural schools in Sarawak, worth RM1.25 billion through direct negotiation from the Education Ministry.

She was charged with committing the offence at Lygon Cafe', G-24, Ground Floor, Sunway Putra Mall, 100, Jalan Putra, Chow Kit, here between March and April 2016.

On the second count, Rosmah was charged with dishonestly receiving for herself RM1,500,000 from Saidi for the same purpose at ‪No. 11, Jalan ‪Langgak ‪Duta, ‪Taman ‪Duta, here on Sept 7, 2017.

She was charged under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act, which provides for imprisonment of up to 20 years and fine of not less than five times the amount of the gratification or RM10,000, whichever is higher, upon conviction.

On April 10, 2019, Rosmah was charged again in the Sessions Court here with accepting gratification of RM5 million from Saidi through Rizal for helping Jepak Holdings to secure the same project at the same place in Jalan Langgak Duta.

All the cases had been transferred from the Sessions Court to the High Court for trial which began on Feb 5 this year.

Rosmah is also facing 12 charges for money laundering involving RM7,097,750 and five counts of failing to declare her income to the Inland Revenue Board (IRB). This brings the total number of charges against her to 20.