DATIN Seri Rosmah Mansor’s corruption appeal involving a solar hybrid project for rural schools in Sarawak will return to the Kuala Lumpur High Court for further evidence from the prosecution’s 16th witness (PW16), Rayyan Radzwill Abdullah.
The development follows a unanimous decision by a three-member Court of Appeal panel that Rosmah’s application to introduce new evidence relating to Rayyan’s testimony had merit.
The panel, chaired by Datuk Azhahari Kamal Ramli and comprising Datuk Choo Kah Sing and K. Muniandy, ordered the additional evidence to be recorded before a new High Court judge.
Following the ruling, Rosmah’s appeal against her 10-year prison sentence and RM970 million fine has been deferred to October 14.
The panel directed that further evidence relating to a police report, statutory declaration (SD) and supporting affidavit submitted by Rayyan be recorded two weeks after the case management hearing on September 10.
The hearing must be conducted before a new High Court judge, replacing Datuk Mohamed Zaini Mazlan, who presided over the original trial and has since been appointed to the Court of Appeal.
In delivering the brief judgment, Choo said the Court of Appeal was not, at this stage, determining whether Rayyan’s additional evidence was truthful.
Instead, he said, the court was only assessing whether the evidence was relevant and sufficiently credible to warrant consideration.
“A statutory declaration made under oath and supported by the appropriate documents is tested through cross-examination.
“The court takes note that PW16 exposed himself to criminal liability if he gave false evidence under oath,” he said.
The panel also noted that the potential impact of Rayyan’s additional evidence on the case must be considered, given that the trial judge had relied on his testimony when reaching the conviction.
If admitted, the new evidence could reasonably raise doubts over the findings of guilt against Rosmah.
“The new evidence directly touches on an element of the charges, namely whether the appellant actively solicited or received bribes.
“The withdrawal or contradiction of those facts could undermine the foundation of the key evidence relied upon for the conviction and could alter the direction of the factual findings made by the trial judge,” Choo said.
However, he stressed that these observations remained subject to the outcome of the additional evidence to be recorded and the submissions of the parties before the High Court.
He said allegations by a witness that his testimony had been compromised by pressure from the prosecution also raised concerns over the integrity of the fact-finding process.
In view of this, the panel found that refusing Rosmah’s application to introduce the additional evidence could risk a miscarriage of justice.
Speaking to reporters after the proceedings, Rosmah’s lawyer Datuk Amer Hamzah Arshad said the new High Court judge hearing Rayyan’s evidence would determine whether it was truthful, with both sides given the opportunity to question and cross-examine the witness before the judge makes findings on the additional evidence.
“The High Court judge will then make a finding on whether the new evidence is true or otherwise,” he said.
Amer Hamzah also alleged that there were other issues surrounding the case, including claims of threats and intimidation against witnesses. - September 2, 2026
