Court denies prosecution's bid to impeach Rosmah
The Kuala Lumpur High Court denied the prosecution’s application to impeach Rosmah Mansor over her alleged contradictory testimony in her solar hybrid energy project corruption trial.
Trial judge Mohamed Zaini Mazlan today ruled that impeachment is not necessary as she has offered an explanation over the alleged contradiction.
Under criminal trial in Malaysia, the prosecution can...
The Kuala Lumpur High Court denied the prosecution’s application to impeach Rosmah Mansor over her alleged contradictory testimony in her solar hybrid energy project corruption trial.
Trial judge Mohamed Zaini Mazlan today ruled that impeachment is not necessary as she has offered an explanation over the alleged contradiction.
Under criminal trial in Malaysia, the prosecution can apply to impeach the credibility of a witness, such as Rosmah who is the first defence witness in the corruption trial linked to the project for 369 rural schools in Sarawak.
If the trial court allows the prosecution’s bid to impeach a witness, the said witness could potentially be subjected to penalties such as jail time.
Previously, the prosecution mounted the bid to impeach her credibility over the alleged contradiction between her testimony in court and what she told the MACC when it was investigating her money laundering case in 2018.
When she was having her statement recorded by the antigraft watchdog three years ago, she said she did not know nor ever met Saidi Abang Samsudin and Rayyan Radzwill Abdullah.
Saidi and Rayyan have previously testified against her during the solar corruption trial.
Saidi was the former managing director of Jepak Holdings Sdn Bhd, the company which was awarded the solar hybrid energy project. Rayyan was his former business partner.
The prosecution contended that her testimony during the current solar graft trial was different though, as she testified that she did not know the two key prosecution witnesses prior to her first meeting with them in 2016.
Rosmah, however, had claimed she did not remember the duo when she was first giving her statement to the MACC in 2018.
During open court proceedings today, Zaini ruled that Rosmah has already given her explanation over the alleged contradiction and that the court will only determine at the end of the defence stage of trial whether that explanation is credible or not.
“There is the (alleged) contradiction between her statement to the MACC and her answer in her witness statement, but the witness (Rosmah) has attempted to explain the discrepancy.
“I find no necessity to embark on impeachment proceedings as she has tried to give an explanation on her statement.
“The impeachment proceeding is only necessary if no explanation was given (by Rosmah).
“Whether the explanation is credible or not is for the court to determine at the end of the trial,” Zaini ruled.
Rosmah’s charges
At present, Rosmah, who is the wife of former prime minister Najib Abdul Razak, is undergoing trial over three graft charges linked to the RM1.25 billion solar hybrid energy project for 369 rural schools in Sarawak.
However, she also has another case (pending trial) for alleged money laundering and tax evasion involving RM7,097,750, related to the same solar project.
Zaini is currently hearing the trial over the solar project, while he has yet to hear the trial over the alleged money laundering and tax evasion.
The MACC statement she gave in 2018 is linked to the money laundering and tax evasion case.
For the current solar graft trial, Rosmah, 70, is facing three charges under Section 16(a)(A) of the MACC Act 2009.
On the first charge, she is accused of soliciting RM187.5 million in bribes from Jepak Holdings Sdn Bhd to help secure an Education Ministry project.
The RM1.25 billion project was intended to supply power to 369 rural schools in Sarawak using a combination of solar and diesel energy.
On the second and third charges, she is accused of receiving RM1.5 million and RM5 million in bribes respectively as a reward for securing the project.
On Feb 18 this year, the High Court ordered Rosmah to enter her defence, following its finding that the prosecution succeeded in establishing a prima facie case against her.
The prosecution was led by deputy public prosecutor Gopal Sri Ram, while Rosmah was represented by defence counsel Akberdin Abdul Kader and Jagjit Singh.
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