Rosmah Mansor failed to turn up for the first day of her corruption trial at the Kuala Lumpur High Court this afternoon.
According to her counsel Jagjit Singh, his client, who is also the wife of former premier Najib Abdul Razak, is unwell.
“We have furnished your lordship a copy of a medical report dated Feb 2,” he told judge Mohamed Zaini Mazlan.
Although he requested for details of the medical report not be read out as it could embarrass his client, lead prosecutor Gopal Sri Ram, however, read a portion of the report.
Stressing that the prosecution did not accept the medical report, the veteran lawyer said: “She complained of dizziness when lying down in a wrong position. I suffer from that.”
"She is known to have cervical spondylosis and osteoarthritis of the knees for the past few years. I have both of those things,” he added.
Sri Ram then provided his own diagnosis of her condition: “Her only problem is I think she suffers from an overdose of publicity and wealth,” he said.
Apart from cervical spondylosis and osteoarthritis in both knees, the report also stated that Rosmah suffered from chronic adrenal insufficiency.
Noting that the report mentioned Rosmah was suffering from these conditions for five years, Sri Ram (below) argued that the matter should have been brought to the attention of the court earlier.
“If she was really unwell, one would have expected her to have been examined early last week.
“I would have accepted this if we were given early notice because she has been suffering from this condition for five years, which means she must have gone for medical treatment,” he added.
'If she is kept in prison, she is more likely to attend'
Sri Ram also pointed out that the medical report and medical certificate provided to the court were both signed by a private doctor.
He said the court could only accept a medical certificate from a government doctor.
According to Gopal, since this did not amount to a valid reason for Rosmah to be absent, her bail should be revoked.
“Unless she is examined by a government doctor, we cannot accept this and pending that, I think the unwillingness of her to attend court warrants her bail to be revoked and for her to be kept in prison because if she is kept in prison, she is more likely to attend,” he added.
Expressing shock, Jagjit described the suggestion to revoke his client's bail and keep her in prison as an “extreme stand.”
He also argued there was no way for them to provide an early notice as the defence could not predict when Rosmah would fall ill.
“It is an ongoing (condition) and it flares up from time to time. It happened to flare up two days ago. There was no way I could have given prior notice,” he said.
Jagjit also contended that as far as he was aware, there is no need for the medical certificate to be certified by a government doctor, though he was willing to accede if he was shown the legal provision stating otherwise.
Judge suggests Rosmah uses a wheelchair
Judge Zaini said while he was sympathetic to Rosmah's condition, he was unwilling to adjourn the trial dates for longer than absolutely necessary.
“My trial dates are very precious. I could have fixed other cases.
“I am most sympathetic to your client, rest assured I will be very sympathetic to her condition but I am also constrained not to adjourn (the trial) longer than necessary,” he added.
As such, the judge said he would allow today’s trial to be adjourned and tomorrow to be vacated.
However, he stressed that no further adjournments would be granted and the trial would commence on Wednesday morning at 10am.
Zaini also suggested to Jagjit that Rosmah (photo) attends court in a wheelchair to accommodate her discomfort and pain from her illness, and added that he was willing to allow brief adjournments throughout the proceedings whenever she needed a break.
“Can I suggest that your client comes in a wheelchair? I understand she has to sit on a hard bench which may not be conducive to her condition so I will allow her to come in a wheelchair.
“As and when she requires a break because she is in pain or otherwise, I will stand down on the matter,” he said.
Rosmah is facing three counts of corruption involving hundreds of millions of ringgit.
On Nov 15, 2018, Rosmah pleaded not guilty to two counts of soliciting RM187.5 million and receiving RM1.5 million for projects to provide solar energy to rural schools in Sarawak.
On the first count, she was charged with dishonestly soliciting for herself, made through her former special officer Rizal Mansor, a gratification, to the amount of RM187,500,000, which is 15 percent of the value of the contract for the solar project, from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin.
It was as an inducement to help the company (Jepak Holdings) to 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.
On the second count, Rosmah was charged with dishonestly receiving for herself RM1,500,000 from Saidi for the same purpose at No. 11, Jalan Langgak Duta, Taman Duta, here on Sept 7, 2017.
She was charged under Section 16(a)(A) of the MACC Act and faces imprisonment for up to 20 years and a fine of not less than five times the amount of the gratification of RM10,000, whichever is higher, upon conviction.
On April 10, 2019, Rosmah was charged again in the Sessions Court with accepting gratification of RM5 million from Saidi through Rizal for helping Jepak Holdings to secure the same project at the same place in Jalan Langgak Duta. - Mkini
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