This article first appeared in The Edge Malaysia Weekly on August 29, 2022 - September 4, 2022

IN a matter of days, Datin Seri Rosmah Mansor will find out whether the Kuala Lumpur High Court will acquit her or find her guilty of three graft charges relating to a RM1.25 billion solar hybrid project involving 369 rural schools in Sarawak.

Judge Mohamed Zaini Mazlan is set to deliver his verdict in the first of Rosmah’s criminal proceedings on Thursday.

If Rosmah, the wife of former prime minister Datuk Seri Najib Razak is acquitted, she will be set free, unless the prosecution files an appeal, which it must do within 14 days after Sept 1. The prosecution is led by senior deputy public prosecutor Datuk Seri Gopal Sri Ram.

If she is found guilty on one or all three charges (see charges), her lawyers, led by Datuk Jagjit Singh, along with Datuk Akberdin Abdul Kader and Azrul Zulkifli Stork, will submit a mitigation plea before Judge Zaini.

The court may decide on punishment after hearing mitigation or fix another date for sentencing. If the sentence is decided on the same day, the court may also hear submissions for a stay of the sentence pending appeal.

Under Section 24 of the Malaysian Anti-­Corruption Commission Act 2009, a person convicted of corruption faces up to 20 years’ jail and a fine of five times the amount received or solicited.

Najib began his 12-year jail sentence on Aug 23, with a RM210 million fine, after the Federal Court maintained his conviction on all seven charges in relation to SRC International Sdn Bhd.

Rosmah, 70, is charged with soliciting RM187.5 million to help Jepak Holdings Sdn Bhd secure the RM1.25 billion solar hybrid project.

She also faces two other charges of receiving RM5 million and another RM1.5 million — the former at the PM’s official residence and the latter at the couple’s Duta private residence — between December 2016 and September 2017.

At the 44-day trial before Judge Zaini, 23 prosecution witnesses were called to testify while only two defence witnesses were called, one of whom was Rosmah.

Datuk Rizal Mansor, a former aide of Rosmah’s, was the crown witness. Initially a co-accused, he turned prosecution witness and is now under witness protection.

Rizal testified that, acting on Rosmah’s behalf, he solicited the money from Jepak managing director Saidi Abang Samsudin. He also testified that the money was brought to her homes, a claim Rosmah denied in her defence.

Saidi testified to withdrawing the cash and putting it into bags and personally taking it to Rosmah’s homes, Seri Perdana and in Jalan Duta.

He said that on those occasions, he was not alone as Rizal had accompanied him. Saidi’s former business partner, Rayyan Radzwill Abdullah, also accompanied both men to the Jalan Duta home and took pictures of the bags left there, he added.

Other witnesses, Tan Sri Madinah Mohamad, the former education ministry secretary-general, and her successor Datuk Seri Alias Ahmad testified that they had been asked by Rosmah to hasten approval for payment of the project.

Similarly, former education minister and Umno vice-president Datuk Seri Mahdzir Khalid testified that Rosmah had asked him to hasten approval of the project to Jepak.

In her defence testimony, Rosmah denied the accusations and insisted she never got involved in government affairs.

Her defence argued that Rizal was testifying against Rosmah so that he would not be charged, noting that he had also received bribes, including an umrah trip paid for by Jepak. Rosmah testified that Rizal was an “incompetent worker” and “an opportunist” and could not be trusted.

The prosecution pointed out, however, that Rizal had been given a salary increase as well as excellent service awards, and was awarded a datukship for his services.

As for Mahdzir, the defence alleged that he testified against Rosmah to avoid a probe by the Malaysian Anti-Corruption Commission into his dealings with Jepak.

Throughout her defence, Rosmah had indicated that she would call Najib as a defence witness, but decided against it at the eleventh hour.

At one point in the trial, a recorded conversation between Najib and Rosmah was also tendered by the prosecution and accepted by the court as evidence after several prosecution witnesses testified that it was her even though Rosmah denied it.

The recording was to demonstrate Rosmah’s overbearing nature as the prosecution in its opening statement had painted her as such.

Oral submissions were not made in closing, and Judge Zaini will rely on written submissions to arrive at a verdict.

Should Rosmah be found guilty, she can file an appeal within 14 days in the Court of Appeal.

Apart from the solar hybrid case, Rosmah also faces 17 charges involving tax evasion and money laundering offences to the tune of RM7.1 million. The offences are said to have been committed between 2013 and 2017.

The tax evasion and money-laundering trial has yet to commence as Rosmah is attempting to disqualify Judge Zaini from presiding over the trial and also to remove Sri Ram from the prosecution team.

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