KUALA LUMPUR:Datin Seri Rosmah Mansor will know on Feb 18 whether she will be called to enter her defence or walk free on three corruption charges relating to the solar hybrid project for 369 rural schools in Sarawak.
High Court Judge Mohamed Zaini Mazlan fixed the date after hearing submissions from senior deputy public prosecutor Datuk Seri Gopal Sri Ram and lawyer Datuk Akberdin Abdul Kader and Datuk Jagjit Singh representing Rosmah, who also showed up in court today wearing green baju kurung with a matching headscarf.
The judge also expressed his gratitude to the prosecution and defence for their comprehensive oral submissions.
“Thank you both parties for the very well written submissions. My decision will be on Feb 18 at 2.30 pm,” he said.
The prosecution closed its case on Dec 11 last year after calling 23 witnesses including Rosmah's former special officer, Datuk Rizal Mansor, former Education Minister Datuk Seri Mahdzir Khalid and the ministry’s then secretary-general Tan Sri Madinah Mohamed. The trial began on Feb 5 last year.
Rosmah 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.
Earlier, Sri Ram submitted that there was evidence from Rizal, who is the 21st prosecution witness (PW21), that the accused instructed him to solicit the bribe.
“The defence submitted that the accused did not solicit any money from Saidi (PW17) and the prosecution's answer to this point is this...the charge against the accused is not that she personally solicited the bribe in question. The prosecution's case is that she did it through PW21. That is what the charge says. The defence addressed the wrong target.
“With respect, it is irrelevant that the accused did not solicit the bribe personally from Saidi,” he said adding Rosmah was a clever person as she used Rizal as her agent.
Sri Ram said the defence has submitted that an adverse inference should be drawn against the prosecution for failing to call the butlers, who took the bags before the money was delivered to Rosmah's official residence in Putrajaya.
“The unchallenged evidence of a businessman who was also Rizal's friend, Datuk Ahmed Farriq Zainul Abidin (PW9) corroborates PW21's evidence as to the delivery of the money. PW9 said that two butlers took the bags and PW21 followed them into the official residence. When PW21 emerged about 30 minutes later, he came with empty hands. PW9 and PW21 then went to Segambut.
“This evidence sufficiently proves the delivery of the money to the accused's official residence and PW21's evidence confirms that the accused took possession of the money. The butlers, therefore, are not material witnesses and would have merely further corroboration (if corroboration is required). There was already ample corroboration to show that PW21's evidence was true and therefore, the failure to call the butlers is of no consequence.
“Hence, the invitation to draw an adverse inference in these circumstances is without merit,” he added.
Sri Ram said it has been repeatedly emphasised by the defence that RM1.5 million was not personally handed to the accused because the bags were not opened in her presence for her to see the cash.
“There is no dispute that the RM1.5 million was encashed by PW17 and placed in the very bags that were delivered to the accused's private residence. As has already been submitted, it may be proven by circumstantial evidence. Further, the exchange between PW17 and the accused confirmed that she was fully aware of the contents of the bags," he said.
Sri Ram added that the main target of the defence was Rizal and it was said that he solicited the money for himself and when the money was delivered, he appropriated it for his use without the knowledge of the accused.
However, Sri Ram submitted that it was highly improbable that Rizal would have acted of his own bat without the accused's knowledge.
Akberdin countered that the offer to give political donation was the original idea of Saidi and his former business partner, Rayyan Radzwill Abdullah as it was meant for Datuk Seri NajibTun Razak, as a “gesture of gratitude” for supporting the application by Jepak Holdings, and to ensure the victory of Barisan Nasional during the 14th General Election (GE14) and not for the accused.
The lawyer said there was no conclusive evidence that Rosmah solicited and directly received the money.
“In fact, the butlers who carried the bags that allegedly contained money to a room were not called to give evidence by the prosecution,” he said, adding that an adverse inference in favour of Rosmah should be drawn.
Rosmah’s other counsel, Jagjit said the evidence of Rizal should be rejected as he was an accomplice together with Saidi and Rayyan Radzwill.
“He was initially charged together with Rosmah but the prosecution dropped the charges against him to give evidence against the accused,” he said.
Rosmah was charged for soliciting RM187.5 million and two counts of receiving bribes totalling RM6.5 million from Saidi, as a reward for helping Jepak Holdings to secure the Hybrid Photovoltaic Solar System Integrated Project, as well as the maintenance and operation of diesel gen-sets, for 369 rural schools in Sarawak, which was worth RM1.25 billion from the Education Ministry (MOE) through direct negotiation.
-- BERNAMA
Bernama
Wed Feb 10 2021
Rosmah will know on Feb 18 whether she will be called to enter her defence or walk free on three corruption charges relating to the solar hybrid project for 369 rural schools in Sarawak. BERNAMApic
Who is Prabowo Subianto, incoming president of Indonesia?
A wealthy ex-general with ties to Indonesia's popular outgoing president and its dictatorial past, looks set to be its next leader.
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.