PUTRAJAYA – Datin Seri Rosmah Mansor will have to take the witness stand in her defence at her corruption trial tomorrow over the solar hybrid project for 369 rural schools in Sarawak.
This follows a decision today by the Court of Appeal’s three-member bench led by justice Datuk Seri Kamaludin Md Said in refusing to grant Rosmah a stay of the court proceeding tomorrow pending disposal of her related appeal.
Rosmah, the wife of former prime minister Datuk Seri Najib Razak, was ordered by the high court on February 18 this year to enter her defence on three corruption charges.
In the court’s unanimous decision to dismiss the stay application, Kamaludin said the court was of the view that the proceeding in the high court is to be continued.
“In Najib’s case, it has been decided that the nullity of trial is not a special circumstances case. We are bound by the Federal Court’s decision of stare decisis,” he added.
Kamaludin however said that at the same time, Rosmah could still proceed with her appeal at the Court of Appeal against the high court’s dismissal of her application to nullify her corruption trial and to remove Datuk Seri Gopal Sri Ram as the lead prosecutor.
Kamaludin said it would not prejudice Rosmah. However, he said the court hoped that the date of the appeal proper could be expedited.
The other two judges were justices Datuk Nordin Hassan and Datuk Hashim Hamzah.
Rosmah sought the stay order pending disposal of her appeal against a high court’s decision on September 24 this year in dismissing her application to nullify her corruption trial and to remove Datuk Seri Gopal Sri Ram as lead prosecutor.
Rosmah filed the two applications at the high court on May 6 this year seeking to nullify her entire trial, in a bid to be acquitted of all three charges and to remove Sri Ram as lead prosecutor.
She is charged with soliciting RM187.5 million and two counts of receiving bribes of RM6.5 million from Jepak Holdings Sdn Bhd’s former managing director, Saidi Abang Samsuddin through her former special officer, Datuk Rizal Mansor.
It was an inducement to help the company (Jepak Holdings) 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 from the Education Ministry.
She is accused of dishonestly soliciting for herself, through Rizal at Lygon Cafe, Sunway Putra Mall, Jalan Putra, Kuala Lumpur between March and April 2016.
For the second charge, Rosmah is alleged to have dishonestly received for herself RM1.5 million from Saidi for the same purpose at her residence in Jalan Langgak Duta, Taman Duta on September 7, 2017.
Rosmah is also facing the third charge of accepting gratification of RM5 million from Saidi through Rizal for helping Jepak Holdings to secure the same project on December 20, 2016, at the Seri Perdana residence in Putrajaya between January 2016 and September 2017.
Rosmah had filed a fresh application for stay in the Court of Appeal after the high court refused to grant her the stay order.
Earlier in today’s proceedings conducted online, Rosmah’s lead counsel Datuk Jagjit Singh argued that a stay ought to be granted as the matter is a case of exceptional circumstances.
However, Sri Ram, citing a case law, argued that the fact that the proceeding may be rendered a nullity, not a special circumstance to be granted a stay order.
Meanwhile, when contacted, lawyer Datuk Akberdin Abdul Kader who is also representing Rosmah said they filed the appeal to the Federal Court today. – Bernama, October 4, 2021
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