PUTRAJAYA (Sept 4): The prosecution will be appealing the Court of Appeal’s decision allowing Datin Seri Rosmah Mansor’s application to adduce new evidence at the High Court regarding her appeal against her conviction and sentence in the solar hybrid graft case.
In a WhatsApp message in response to The Edge, Attorney General Tan Sri Mohd Dusuki Mokhtar confirmed on Friday that the prosecution will be filing the appeal.
“Yes, we will file an appeal. It merits [that] an appeal be filed,” the AG said.
The prosecution has 14 days from Tuesday (Sept 1) to file the notice of appeal, and the matter, if fixed, will be heard at the Federal Court.
On Tuesday, a three-member appellate bench led by Datuk Azhahari Kamal Ramli allowed Rosmah’s application.
Judge Datuk Dr Choo Kah Sing, who read the unanimous decision, said one of the prosecution’s star witnesses, Rayyan Radzwill Abdullah, has claimed that he had been intimidated by the prosecution.
The bench said on the grounds that the new evidence targets the heart of the charges levelled against Rosmah — specifically, on whether she had actively solicited or received gratification — which could change the High Court’s findings.
"Allegations that the witness’ testimony was compromised by prosecutorial pressures strike at the integrity of the fact-finding process. To refuse the application in such circumstances would risk the miscarriage of justice," Choo had said in reading the judgement.
Choo said that the additional evidence will be heard before a new judge at the High Court within two weeks from Sept 10, which is the new case management date.
Azhahari, Choo, and K Muniandy had sat in hearing Rosmah’s application.
Rosmah, who is the wife of former prime minister Datuk Seri Najib Razak, had been convicted by the High Court on Sept 1, 2022, for soliciting and accepting bribes in a solar hybrid project that involved 369 rural schools in Sarawak.
For this, the High Court had sentenced her to 10 years jail and fined her a whopping RM970 million — the largest amount ever imposed by the High Court for a graft case.
Following the appellate bench allowing the application, a new High Court judge will hear and decide on whether the new evidence adds any weight to the case, and the Court of Appeal has fixed Oct 14 to hear her appeal over the conviction and sentence.
Prior to this, Najib was also successful in adducing further evidence in his addendum to review the dismissal of the High Court’s decision in not allowing him to serve the remainder of his jail sentence for SRC International Sdn Bhd under house arrest.
Rosmah's lawyer, Datuk Akberdin Abdul Kader, when contacted said the defence would wait for the notice of the prosecution's filing but urged against AG's Chambers to reconsider the appeal.
'AG Chambers should not appeal for the simple reason let the truth prevail. That is the whole idea of the additional evidence.
"Why should they scuttle the truth when at the end of the day justice is for all, accused and victim, which the AG's Chambers should uphold."
He said for the time being, his firm had received instructions from the appellate court and High Court directing the matter for case management on Sept 10.
"We will do the needful after this, on court's instructions," Akberdin said.