Feb 18 decision for Rosmah's solar hybrib corruption case
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 yesterday 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.