Day 2: Rosmah put the squeeze on project approval - Mahdzir
LIVE | The corruption trial of former prime minister Najib Abdul Razak's wife, Rosmah Mansor, involving alleged misappropriation of funds for the supply and installation of solar energy at 369 rural schools in Sarawak continues today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings...
LIVE | The corruption trial of former prime minister Najib Abdul Razak's wife, Rosmah Mansor, involving alleged misappropriation of funds for the supply and installation of solar energy at 369 rural schools in Sarawak continues today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Rosmah asked me to speed up solar hybrid project: Mahdzir
- Ex-education minister claims he received threats
- Rosmah's aide unhappy over initial pilot project
- Mahdzir: Saidi wanted my help to be awarded the project
- Orders came from Najib, says Mahdzir
- Verbal blows over the veracity of bags colour
- Defence touches on driver's proof of employment
- Defence lawyer furious over prosecution's line of questioning
- Two heavy bags taken out from Maybank branch, says witness
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2.30pm - Thank you for following our live report today.
Reporting by Hidir Reduan Abdul Rashid and Hariz Mohd. Photographs by Azneal Ishak. Social media updates by Ewe Linq Yenn.
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Proceedings resume on Monday
2.04pm - Proceedings adjourn for the day and resumes on Monday.
Rosmah asked me to speed up solar hybrid project: Mahdzir
1.47pm - Former education minister Mahdzir Khalid testifies that Rosmah Mansor asked him asking to speed up the solar hybrid project.
The 5th prosecution witness says that from what he understood from the message she gave him, that she was asking to speed up the project, and that he said this strengthens his belief that she was "Team Saidi".
"I felt that as Rosmah was the wife of the prime minister (Najib Razak) and with authority, she wanted the project to be sped up," Mahdzir says.
Saidi or Saidi Abang Samsudin was then managing director of Jepak Holdings, which was awarded the solar hybrid project in Sarawak.
Mahdzir is referring to him meeting her after a breaking fast event at the Prime Minister's official residence at Kompleks Seri Perdana, Putrajaya, on June 23, 2016.
"While I was greeting her before heading back, he told me more or less 'You tengok la projek solar Cikgu Aazmey. Cepatkan sikit.
"I only answered 'Ya ya' as there were many people at the time," Mahdzir says.
He says that he knew then that Cikgu Aazmey referred to Aazmey, Pekan Umno secretary and former Pahang state education director.
Mahdzir says he knew then that Aazmey was part of Team Saidi and involved in Saidi's efforts to obtain the solar hybrid project from the Education Ministry.
Mahdzir warned by lobbyists 'he won't be long' as minister
1.30pm - The court hears from former education minister Mahdzir Khalid that his decision not to follow then premier Najib Abdul Razak's orders regarding the solar hybrid project for schools in Sarawak in 2016 had also irked Jepak Holdings.
He says that not long after he approved education ministry's suggestions to only give the company a pilot project for the initiative, Jepak Holdings managing director Saidi Abang Samsudin and his partner Rayyan Radzwill Abdullah had met him to air their dissatisfaction.
Mahdzir claims that Saidi and Rayyan had told him that they would bring the matter to the prime minister.
Rayyan had also allegedly gone as far as warning Mahdzir that he "won't be long" at the education ministry for not following Najib's orders.
Mahdzir says that in June 2016, he received another order from Najib, which was in the form of a minute telling Mahdzir to carry out the solar hybrid project as he had been ordered to before.
Rosmah's aide questioned Mahdzir on project decision in 2016
1.25pm - Former education minister Mahdzir Khalid says that in May 2016, he had approved several suggestions by the Education Ministry's technical committee in regard to a solar hybrid project for schools in Sarawak.
These suggestions include subjecting Jepak Holdings to several conditions that it needed to fulfil before the project is awarded to the company and that the contract would be for an initial pilot project.
According to Mahdzir, he agreed to these suggestions because the conditions would test the capability of Jepak Holdings in fulfilling the contract, among others.
However, not long after he approved the suggestions, Mahdzir said he received a phone call from Rizal Mansor (photo), who was then an aide to Rosmah Mansor.
Mahdzir says that Rizal had questioned him why he decided to give Jepak Holdings a pilot project when the then prime minister Najib Abdul Razak had ordered for the solar hybrid project to replace the existing electric generating system for the schools.
"He also questioned the decision to end contracts for schools which would be connected to a power grid," Mahdzir testifies.
The former minister says that he then told Rizal that the decision was made by the ministry's technical committee, and he only approves them.
'Old friend' wants help to bag solar hybrid project, court hears
1.07pm - Then Jepak Holdings managing director Saidi Abang Samsudin pleaded as an "old friend" for then education minister Mahdzir Khalid to ensure the solar hybrid project is awarded to the company, the High Court hears.
The fifth prosecution witness Mahdzir says this during examination-in-chief by DPP Idham Abd Ghani.
The solar hybrid project in Sarawak is a central aspect of the three corruption charges faced by Rosmah Mansor.
Mahdzir is testifying while being shown by Idham photograph exhibits of Whatsapp messages between the witness and Saidi.
Idham: Can I show you the text message between Datuk (Mahdzir) and Saidi, where you said Saidi asked for your help to be awarded the project?
Mahdzir: Among what I can say, among the messages are, "YB, I am still in KL. Please, urgent. Help me, old friend, approve the solar hybrid project".
Mahdzir: I received orders from Najib to execute solar hybrid project
12.50pm - The court hears from former education minister Mahdzir Khalid that Jepak Holdings managing director Saidi Abang Samsudin had met him in 2015, where they discussed the company's plan to introduce a solar hybrid system to produce electricity for 369 schools in Sarawak.
According to the fifth prosecution witness, it appeared to him that Saidi was planning to take over the existing diesel generator-set electricity system for the schools, which were being operated by multiple contractors.
Mahdzir said he had rejected Jepak's suggestion then as the Education MInistry still had ongoing contracts with the contractors, besides having doubt of Jepak Holdings' capability to handle the big project.
However, in December 2015, the minister received a letter that had been minuted by the then prime minister Najib Abdul Razak, whom Mahdzir said ordered him to carry out Jepak Holdings' plan.
The minute was written on a letter from Jepak Holdings to Najib dated Nov 23, 2015, saying: "Agree to carry out the new system and cancel the old system".
Proceedings begin, ex-education minister takes the stand
12.35pm - Court resumes after a short break with the fifth prosecution witness, former education minister Mahdzir Khalid (photo), taking the witness stand.
Fourth witness ends testimony, court takes short recess
12.15pm - Proceedings go for a short break, following fourth prosecution witness Shamsul Rizal Sharbini having wrapped up his testimony and released from the witness stand.
Defence, prosecution verbally spar over 'misleading' question
11.48am - The prosecution and Rosmah Mansor's defence got into sparring verbally over a "misleading question" remark.
Defence counsel Jagjit Singh objects to a statement by DPP Mohamad Mustaffa P Kunyalam that the defence was asking a "misleading question".
The remark comes when defence counsel Akberdin Abdul Kader questions the veracity of the fourth prosecution witness Shamsul Rizal Sharbini over the colour of bags.
Earlier, Shamsul had testified that he put the two black bags on a green sofa in a house at Langgak Duta.
Akberdin is questioning Shamsul over an alleged contradiction in the witness' statement when he used the word "orange" instead of black for the two bags.
Shamsul then replies that the bags were mostly black with a bit of orange colour.
Mustaffa then stands up and says the witness had said black, and tells the court that the question by the defence is a "misleading question".
Jagjit then counters that Akberdin's question was not misleading, and says, "Listen to your boss", while indicating to lead DPP Gopal Sri Ram who had earlier told Jagjit to "not get excited".
The situation pipes down and Akberdin resumes his cross-examination of Shamsul, who used to be the personal driver of Jepak Holdings managing director Saidi Abang Samsudin.
Rosmah's lawyer queries witness on proof of employment
11.15am - The defence team takes over examining the fourth prosecution witness, Shamsul Rizal Sharbini, who used to be a personal driver for Jepak Holdings managing director Saidi Abang Samsudin.
Defence lawyer Akberdin Abdul Kader (photo) starts his cross-examination by questioning the validity of Shamsul's claim that he had worked for Saidi as a driver.
This includes querying Shamsul if he has any employment agreement to show the court, or any proof that Saidi had contributed to his Employees Provident Fund (EPF) and Social Security Organisation (Socso) payments.
Akberdin: You have given a lengthy explanation on your employment history, and that you were the driver for Saidi.
Is there any proof to show that you were his driver? Is there any employment agreement?
Shamsul: No. I don't have it now.
Akberdin: And you haven't shown any proof in court that Saidi contributed to your EPF and Socso?
Shamsul: No.
Rosmah's lawyer objects to 'trial-by-ambush' by the prosecution
11.07am - Rosmah Mansor's defence counsel Jagjit Singh objects to the prosecution's line of questioning of a witness, likening it to "trial by ambush".
Jagjit raises the objection when DPP Mohamad Mustaffa P Kunyalam is asking fourth prosecution witness Shamsul Rizal Sharbini additional questions in examination-in-chief.
Mustaffa is asking Shamsul about the two bags that were allegedly bought by former Jepak Holdings managing director Saidi Abang Samsudin.
Shamsul, who testified to being Saidi's driver, had told the court earlier that the bags were bought and then brought to a Maybank branch, among others.
"This (disputed issue raised by Mustaffa) is not in the (Shamsul) witness statement. This is trial by ambush. (It) Should not be," Jagjit argues.
"The purpose of additional questions is to clarify any point or error.
"My client is caught by trial by ambush. It is about time your lordship put your foot down," Jagjit says.
Lead DPP Gopal Sri Ram then tells the animated Jagjit to "not get excited", eliciting chuckles from the public gallery.
Justice Mohamed Zaini Mazlan says that Mustaffa's questions are merely on asking Shamsul where he was taken by MACC, among others.
Zaini then overrules the objection and directs Mustaffa to continue.
Driver concludes reading his witness statement
10.59am - Fourth prosecution witness Shamsul Rizal Sharbini finishes reading out from his witness statement and signs the document.
DPP Mohamad Mustaffa P Kunyalam then asks additional questions to the witness as part of his examination-in-chief.
Najib asked to leave court where Rosmah trial ongoing
10.45am - The High Court orders former prime minister Najib Abdul Razak to leave the court where his wife Rosmah Mansor is on trial.
Justice Mohamed Zaini Mazlan issues the order following DPP Ahmad Akram Gharib raising objection to Najib's presence in the public gallery.
"I am sorry but I have to ask you (Najib) to excuse yourself (from court)," Zaini addresses Najib who was in the public gallery.
Najib (photo) then replies "Okay" and calmly gets up and leaves the court.
Earlier, Akram objects to Najib's presence as he is a potential witness in Rosmah's trial.
"In this case, Najib' statement was recorded. He is a potential witness," Akram tells the court.
However, Rosmah's lawyer Akberdin Abdul Kader says that Najib was also here for Rosmah's trial yesterday.
Zaini then remarks that he did not notice yesterday, and then orders Najib to leave.
Driver saw Rosmah's aide meeting Jepak director after bank visit
10.30am - A former personal driver for Jepak Holdings managing director Saidi Abang Samsudin testifies that sometime in late 2016, he had taken his boss and a friend to a Maybank branch in Kuala Lumpur where both of them later took out two luggage that seemed heavy.
According to Shamsul Rizal Sharbini, who is the fourth prosecution witness, the bags were purchased on the same day from a shop in Pertama Complex and taken to the bank. They seemed to be empty when taken to the bank.
He says that after Saidi and his friend, identified as Razak, put the luggage in the vehicle's luggage compartment, they sat inside the vehicle. This was when a man who had a firearm entered the vehicle and sat with them.
However, none of the three including Saidi knew who this man was.
Shamsul tells the court that Saidi then ordered him to drive to Pavilion Kuala Lumpur, a shopping centre in Bukit Bintang, and they stopped at the lobby of a building near the mall. This was about noon.
This was where he saw Rizal Mansor, who is a former aide to Rosmah Mansor.
"Saidi told me to take out both the luggage from the vehicle's luggage compartment. I had taken them out one by one and put them inside the building.
"I had to carry the luggage one by one as each of them was quite heavy and I could not take them both at one go.
"After that, I saw Rizal Mansor standing in the lobby," he says.
Shamsul says he did not see what happened next as he went to park the vehicle, and when he was summoned to pick up Saidi and Razak again not long after that, he went to the lobby and stopped behind a Toyota Vellfire.
There, he saw that the two luggage had already been in the luggage compartment of the Vellfire. However, Shamsul says he does not remember the plate number nor saw who put the luggage in the Vellfire.
Prosecution witness, ex-Jepak Holdings MD's driver, takes the stand
10.08am - Fourth prosecution witness Shamsul Rizal Sharbini takes the stand for examination-in-chief by DPP Mohamad Mustaffa P Kunyalam.
He was the driver for the former managing director of Jepak Holdings Sdn Bhd, Saidi Abang Samsudin.
Proceedings begin
10.06am - Accused Rosmah Mansor is seen sitting in the dock as proceedings begin.
Rosmah arrives in court
9.54am - Accused Rosmah Mansor enters the Kuala Lumpur High Court and takes a seat at the front row of the public gallery.
Also seen in court awaiting proceedings to begin are her defence counsel Azrul Zulkifli Stork, Jagjit Singh, Akberdin Abdul Kader and other members of her defence team, as well as DPP Ahmad Akram Gharib and other DPPs.
Major public attention is also expected on the second day of Rosmah Mansor's corruption trial today in relation to the supply and installation of solar energy at 369 rural schools in Sarawak.
This can be seen from her attendance at the hearing yesterday, following her no-show on the first day of hearing on Monday due to multiple medical conditions.
The trial of former prime minister Najib Abdul Razak's wife, over three counts of graft involving hundreds of millions of ringgit, is expected to resume before Kuala Lumpur High Court judge Mohamed Zaini Mazlan around 10am this morning.
The first day of the trial yesterday began with Rosmah's defence counsel Jagjit Singh complaining to the court about MACC's alleged intimidation in its probe on the doctor who certified that the accused was not fit to attend trial on Monday.
Then in the prosecution's opening statement yesterday, lead DPP and former federal court judge Gopal Sri Ram (photo) described Rosmah as having wielded considerable influence due to her overbearing nature, despite having no official positions.
Yesterday's hearing saw three prosecution witnesses taking the stand, with the court hearing testimony from Maybank officer Azimah Aziz, on how then Jepak Holdings managing director Saidi Abang Samsudin had withdrawn a total RM6.5 million in bundles of RM100 notes, between Dec 20, 2016 and Sept 7, 2017.
These sums were allegedly received by Rosmah as bribes in relation to two of her three graft charges.
Earlier in proceedings yesterday, first prosecution witness Huzairi Zainal Abidin, who is an officer with the Prime Minister's Office (PMO), testified that controversial First Lady of Malaysia (FLOM) division was established on mere verbal instruction.
On Nov 15, 2018, Rosmah had pleaded not guilty 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 her former special officer Rizal Mansor, a gratification, to the amount of RM187,500,000, which is 15 percent of the value of the contract for the solar project, from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin.
It was as an inducement to help 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 with the Education Ministry.
On the second count, Rosmah was charged with dishonestly for receiving RM1,500,000 from Saidi for the same purpose at No 11, Jalan Langgak Duta, Taman Duta, Kuala Lumpur on Sept 7, 2017.
She was charged under section 16(a)(A) of the Malaysian Anti-Corruption Commission Act and faces imprisonment for up to 20 years and a fine of not less than five times the amount of the gratification of RM10,000, whichever is higher, upon conviction.
On April 10, 2019, Rosmah was charged again in the Sessions Court in Kuala Lumpur with accepting RM5 million from Saidi through Rizal for helping Jepak Holdings to secure the same project at the same place in Jalan Langgak Duta.
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