Court okays joint trial for Rosmah and Rizal's solar graft cases
The Kuala Lumpur High Court today allowed the prosecution's bid for a joint trial for Rosmah Mansor and Rizal Mansor, a former special officer of Najib on corruption charges involving a solar panel project in Sarawak.
However, judge Mohamed Zaini Mazlan disallowed the prosecution's bid for Rosmah's money-laundering case to be also jointly heard with the solar panel graft case.
The Kuala Lumpur High Court today allowed the prosecution's bid for a joint trial for Rosmah Mansor and Rizal Mansor, a former special officer of Najib on corruption charges involving a solar panel project in Sarawak.
However, the court disallowed the prosecution's bid for Rosmah's money-laundering case to be also jointly heard with the solar panel graft case.
Justice Mohamed Zaini Mazlan ruled that there were insufficient criteria for both matters to be heard together.
“I am unable to agree with the prosecution relying on section 91 of the Amla (Anti-Money Laundering Act).
"I am of the view that based on the charges in the solar (case) and the Amla (case), there is not enough to satisfy the criteria under Section 165 of the Criminal Procedure Code nor (precedents) in settle cases.
“I, therefore, order that Rosmah’s Amla's case be tried on its own. For the solar cases (involving both former prime minister Najib Abdul Razak’s wife Rosmah as well as Rizal), I am satisfied that these cases fulfil the criteria for a joint trial," Zaini said.
Rizal was present in court today while Rosmah was on medical leave.
Zaini then asked deputy public prosecutor Gopal Sri Ram how many witnesses would be called for the joint trial to which the latter replied that 17 people would be called to testify.
The judge then fixed Feb 3 next year for the joint trial to begin and proceed intermittently until April. Jan 6 was fixed for mention.
The court also set May 11 next year for Rosmah’s money laundering trial to begin before proceeding intermittently until July.
Lawyers Akberdin Abdul Kader and Jagjit Singh appeared for Rosmah in her solar graft case while counsel Manjeet Singh Dhillon, K Kumaraendran and Geethan Ram Vincent acted for her in the money-laundering case. Lawyer Ridha Abdah Subri appeared for Rizal.
Rosmah faces 12 charges of money-laundering amounting to RM7,097,750 besides five counts of failing to declare her income to the Inland Revenue Board.
She allegedly committed the offences at the Affin Bank branch at Bangunan Getah Asli, Jalan Ampang, Kuala Lumpur between Dec 4, 2013, and June 8, 2017, and at the Inland Revenue Board office at Jalan Tuanku Abdul Halim, Kuala Lumpur between May 1, 2014, and May 1, 2018.
She faces a maximum 15-year jail term and a fine of not less than five times the proceeds from the illegal activities or RM5 million, whichever is higher, if convicted under Section 4 (1) (a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amlatfa).
Rosmah’s alleged offence of income declaration failure under Section 77 (1) of the Income Tax Act 1967 was in relation to non-submission of her income returns for the assessment years 2013 to 2017 without reasonable excuse under Section 112 of the act.
The charges over the solar panel project revolve around the supply and installation of solar energy panels for rural schools in Sarawak. Rosmah faces two charges of seeking RM187.5 million and receiving RM1.5 million two years ago for approval of the project.
She was charged under Section 16(a)(A) of the MACC Act 2009 and is liable to be punished under Section 24 of the same act which provides for a maximum jail term of 20 years and a fine of not less than five times the sum or value of the bribe or RM100,000 whichever is higher upon conviction.
Meanwhile, Rizal has pleaded not guilty to four charges of seeking and receiving bribes for himself and Rosmah amounting to RM5.5 million involving the same project under Section 16(a)(A) of MACC Act 2009.
