KUALA LUMPUR (Sept 1): In sentencing Datin Seri Rosmah Mansor to 10 years’ jail and a RM970 million fine, High Court judge Mohamed Zaini Mazlan warned that corruption must be curtailed before it becomes a pandemic.
Mohamed Zaini said if left unchecked, the concern is that corruption would become a way of life.
“Corruption has reached almost every level of society. It must be curtailed before it becomes a pandemic. If corruption is left unbridled, our society will come to accept it as a way of life or business,” the judge warned in his 116-page judgement.
Notably, the RM970 million fine is the largest for a graft case by a Malaysian court. Senior deputy public prosecutor Datuk Seri Gopal Sri Ram said the High Court had to accept the fact that it had to impose five times the amount solicited or received, as this was the law and left out of the court's discretion.
Rosmah, the wife of former prime minister Datuk Seri Najib Razak, had been found guilty of all three counts of soliciting and receiving money from Jepak Holdings Sdn Bhd.
On the charge of soliciting RM187.5 million, Mohamed Zaini ruled that the defence had failed to create doubts in the prosecution's case as Rosmah herself claimed that she would have negotiated the deal to solicit the money with the then managing director of Jepak Holdings Sdn Bhd, Saidi Abang Samsudin, and his former business partner Rayyan Radzwill Abdullah, if it was for her benefit.
The judge said while Rosmah's defence had claimed that Datuk Rizal Mansor could have solicited the money for himself, the court found it difficult to accept that suggestion due to the staggering amount involved as he (Rizal) was merely an employee (in the Prime Minister's Office).
“It would be preposterous to accept that Rizal had drawn up this scheme for his benefit as he would surely be found out. I doubt Rizal would take a risk of such a magnitude. I am of the view that he was only able to solicit confidently as he was instructed by the accused,” the judge said.
Furthermore, the court said Rosmah testified that it would have been undignified of her to do so and she being the wife of the prime minister appeared to be dignified and thinks highly of herself.
“This was evident from her demeanour on the witness stand and her standing in society as the prime minister's wife then,” Mohamed Zaini said, adding that negotiating openly or directly would have exposed her misdeeds, and that Rosmah was no fool in this.
“She had used and instructed Rizal to do her bidding and solicit from Saidi for her benefit. I therefore find the accused had failed to rebut the presumption of corrupt intention on a balance of probabilities and the charge of solicitation has been proven beyond reasonable doubt.
Disparity in Rosmah's defence
The judge also pointed the disparity in Rosmah's defence when her lawyers questioned Rizal with regards to bringing the RM5 million with Saidi to Seri Perdana, the PM's official residence, and claimed that Rosmah at that time was in fact in her private residence on Jalan Langgak Duta.
He noted that Rosmah, when cross-examined by the prosecution, had claimed that on that day she was all over Kuala Lumpur.
“I believe the disparity in her explanation, plus the fact that she had never mentioned it in her witness statement (prepared by her defence lawyers), bolster the prosecution's case that she was in Seri Perdana. It is a fact that Seri Perdana is her official residence. There would be no reason for Rizal to bring the RM5 million cash there if it was not meant for the accused,” said Mohamed Zaini.
“I find that the accused (Rosmah) had failed to rebut the presumption over the third charge (relating to receiving the RM5 million) on a balance of probabilities and that the prosecution had proven the charge beyond reasonable doubt,” Zaini said.
Evidence from Saidi and one businessman friend Datuk Ahmed Farriq Zainul Abidin who accompanied Saidi, had corroborated that two bags containing the (RM5 million) cash were brought to Seri Perdana and Rizal had shown them there.
The judge also pointed out that this happened with regards to her charge of receiving RM1.5 million, at her Jalan Langgak Duta home where Rosmah denied seeing the two knapsacks containing the money.
“I found Saidi to be a credible witness and accepted his version. I found Rizal and Rayyan's testimony to have amply supported Saidi's version.
“I am of the view that the accused's defence is a bare denial. Her denial is devoid of merits in light of the compelling testimonies by Rizal, Saidi and Rayyan. It is immaterial if the knapsacks were handed to her physically. I am resolute that the accused has failed to rebut the presumption on a balance of probabilities and the prosecution had proven the case beyond reasonable doubt,” he added, in finding Rosmah guilty of that charge.
With regards to the RM1.5 million, Rayyan, Saidi and Rizal had testified they went to Rosmah's house in Jalan Langgak Duta and Rayyan also produced pictures that he had taken of the knapsacks with the money being left in the living room of the house.
Mahdzir did the right thing
The judge also credited then education minister Datuk Seri Mahdzir Khalid of doing the right thing despite Saidi being a close friend of his and suggesting that Saidi and Jepak go through the proper process of open tender.
“Mahdzir tried to convince Datuk Seri Najib Razak to use an open tender system for the project and not direct negotiaton. Najib was adamant and told him to carry out the instructions. On the second instance, Mahdzir also advised Najib to defer the issuance of the letter of award to Jepak, as the letter had not met the ministry's requirements.
“Nevertheless Najib ignored his plea and instructed him to follow his instructions. It is indeed amazing that a contract worth RM1.25 billion could simply be awarded merely by penning minutes without going through the expected procedures that will serve as check and balance,” the judge observed.
Rosmah was found guilty guilty of soliciting, through Rizal, RM187.5 million of the RM1.25 billion solar hybrid project that was awarded to Jepak Holdings between January and April 2016.
She was also found guilty on two counts of purportedly receiving RM5 million and another RM1.5 million from Saidi at her Jalan Langgak Duta residence and Seri Perdana between Dec 20, 2016 and Sept 7, 2017.
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