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Monday, February 10, 2020

Day 3: Counsel confronts Mahdzir about text messages with Jepak MD



The corruption trial of former prime minister Najib Abdul Razak's wife, Rosmah Mansor, involving alleged misappropriation of funds for the supply and installation of solar energy at 369 rural schools in Sarawak continues today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.

Summary of Rosmah Mansor's solar energy project case

The charges are related to the Education Ministry's solar project for 369 rural schools in Sarawak.
The project was valued at RM1.25 billion, and awarded to Jepak Holdings Sdn Bhd through direct negotiation.

KEY HIGHLIGHTS
  • Counsel confronts Mahdzir about text messages with Jepak MD
  • Defence claims witness received RM50,000 from Jepak Holdings
  • Mahdzir: Najib pressured me to award project to Jepak
  • Defence lawyer, witness at loggerheads over Najib's 'instructions'
  • Defence cross-examines Mahdzir Khalid
  • 'Can I advise you something' audio played in court
  • Prosecution plays audio recording to identify voices
  • I never took any bribe from Jepak, says Mahdzir
  • Mahdzir: Najib signed minute to exempt Jepak from Finance Ministry's requirements
  • Mahdzir: Jepak Holdings unhappy with clause in project agreement
  • Proceedings begin, Mahdzir Khalid takes oath  

Court adjourns 
1.48pm - Court adjourns for the day and will resume tomorrow.

Counsel confronts Mahdzir about text messages with Jepak MD
1.30pm - Defence lawyer Jagjit Singh queries former education minister Mahdzir Khalid on text messages between him and Jepak Holdings managing director Saidi Abang Samsudin.
The exchanges, which was read in court by Jagjit, include a message from Saidi saying that he was still waiting for a Letter of Award (LA) "as promised by YB", referring to Mahdzir.
Jagjit then confronts Mahdzir on this, saying that the text message looked like he had indeed promised Jepak the contract.
Mahdzir, however, denies this.
Jagjit then suggests to Mahdzir that he had agreed to give the LA to Saidi because the Jepak MD had given him RM50,000.
Jagjit: For accepting RM50,000, you have been bought over by Saidi. That is why this message from Saidi reads "seperti dijanjikan YB".
Do you agree or disagree?
Mahdzir: I disagree

Defence claims witness received RM50,000 from Jepak Holdings
12.45pm - Rosmah Mansor's defence lawyer, Jagjit Singh (photo), puts to former education minister Mahdzir Khalid that he had in 2015 received RM50,000 from the managing director of Jepak Holdings, Saidi Abang Samsudin.
However, the fifth prosecution witness disagrees with the suggestion.
Jagjit: On Dec 19, 2015, Datuk Seri (Mahdzir) had asked for, or told Saidi, a few times that you wanted to go to London and that it would involve a lot of expenses.
And then Saidi gave you RM50,000 to cover your expenses.
Do you agree?
Mahdzir: I disagree


Mahdzir: Najib pressured me to award project to Jepak
12.30pm - Former education minister Mahdzir Khalid reiterates his statement that the then prime minister Najib Abdul Razak had pressured him to consider giving Jepak Holdings a project to supply hybrid solar system to 369 schools in Sarawak.
He repeatedly says this during cross-examination by defence lawyer Jagjit Singh.
Jagjit had suggested to Mahdzir that his statement that Najib had pressured him through minutes by the premier was not true.
"He did put pressure on me," says Mahdzir.

Defence lawyer and witness at loggerheads over Najib's 'instructions'
12.20pm - Witness Mahdzir Khalid disagrees with defence lawyer Jagjit Singh's suggestion that a note by Najib Abdul Razak for the hybrid solar system for schools in Sarawak in 2016 did not amount to an order.
He says this during cross-examination by the lawyer who is acting for Najib's wife, Rosmah Mansor.

Defence cross-examines Mahdzir Khalid
11.30am - Rosmah Mansor's defence lawyer Jagjit Singh cross-examines fifth prosecution witness, Mahdzir Khalid.
Jagjit starts his cross-examination by going through the former education minister's witness statement, asking him to clarify certain things in his testimony.

'Can I advise you something' audio played in court
11.25am - The prosecution plays an audio recording of a purported phone conversation between former premier Najib Abdul Razak and wife Rosmah Mansor for the witness to identify their voices.
This was the same audio recording which was revealed by the MACC during a press conference last month, where Rosmah had allegedly spoken to Najib about matters relating to then outgoing MACC chief, Abu Kassim Mohamed, in 2016.
"Can I advise you something?" the court hears the voice, purportedly Rosmah's, several times.
Former education minister Mahdzir Khalid, who is testifying as the fifth prosecution witness, then testifies that the voice he heard was Rosmah's.
He also identifies the other voice in the audio recording as Najib's. 

Prosecution plays audio recording to identify voices
11.20am - Lead DPP Gopal Sri Ram asks former education minister Mahdzir Khalid if he can identify the voices of former premier Najib Abdul Razak and wife Rosmah Mansor.
As Mahdzir says that he is familiar with the voices and would be able to do so, Sri Ram then asks the court for permission to play an audio recording for identification.
However, this was objected by Rosmah's lawyers Jagjit Singh and Akberdin Abdul Kader, saying that the prosecution should give them ample time to examine the evidence first.
Sri Ram then argues that he only wants Mahdzir to identify the voices in the recording.
Judge Mohamed Zaini Mazlan then allows the audio recording to be played.

Gopal Sri Ram cross-examines witness
11.10am - Proceedings resume with lead DPP Gopal Sri Ram cross-examining former education minister Mahdzir Khalid.

Court takes short recess
11am - Judge calls for a short break.

I never took any bribe from Jepak, says Mahdzir
10.45am - The court hears from former education minister Mahdzir Khalid that he had never solicited nor received any kickbacks from Jepak Holdings for the solar hybrid project in Sarawak.
In ending his written testimony, Mahdzir testifies that he had only awarded Jepak the contract worth RM1.25 billion because he was following orders from the then prime minister Najib Abdul Razak.
The witness then wraps up his testimony as a prosecution witness by signing the document. 

Mahdzir: Najib signed minute to exempt Jepak from Finance Ministry's requirements
10.43am - Former education minister Mahdzir Khalid testifies that in July 2017, Jepak Holdings managing director Saidi Abang Samsudin and Saidi's partner Rayyan Radzwill Abdullah had met him to talk about the difficulty to get paid for its interim claims.
According to him, Saidi said the Education Ministry's Finance Department refused to process Jepak's claim forms citing lack of documents.
"However, I told Saidi I could not do anything to help him," the witness says.
Mahdzir tells the court that a few days later, he was met by Rizal Mansor, then an aide to Rosmah Mansor, to discuss about the same matter.
Rizal had allegedly asked Mahdzir to write a letter in his capacity as the education minister to ask Najib Abdul Razak, then prime minister and finance minister, for an exception to be given to Jepak.
Mahdzir says he had then asked for an officer to prepare the letter, which was then sent to Najib.
According to him, Najib had later put a minute on the letter, saying that he agreed to give Jepak an exception and ordered an officer in the Finance Ministry to execute the order.

Mahdzir: Jepak Holdings unhappy with clause in project agreement, calls Rosmah's aide to interfere
10.20am - The court hears from former education minister Mahdzir Khalid that after the Education Ministry has agreed to award RM1.25 billion project to Jepak Holdings to supply solar system for 369 schools in Sarawak in 2016, the company's executives were still unhappy with how the contract was made.

According to Mahdzir (photo), Jepak's managing director Saidi Abang Samsudin and his partner Rayyan Radzwill Abdullah had met him in November 2016 to voice their dissatisfaction over a clause in the contract.
The clause that Saidi and Rayyan wanted to be taken out was a part where the Education Ministry is given the power to terminate works for schools that had been connected to grid power line.
Mahdzir testifies that Rayyan and Saidi even told him then that he should not make it difficult, and that it was just a small issue to be taken to the then prime minister Najib Abdul Razak.
He says that Saidi then called Rizal Mansor, who was then an aide to Najib's wife Rosmah Mansor, and passed his phone to Mahdzir.
According to Mahdzir, Rizal told him not to make matters more difficult, and that the project is in the knowledge of the "ma'am".
"I understand that the ma'am he meant was Datin Seri Rosmah".

Proceedings begin
10.10am - The hearing starts with DPP Akram Gharib introducing counsels that attend today's proceeding.
Former education minister Mahdzir Khalid then takes his oath to testify as a witness.

Rosmah arrives in court
10am - Rosmah Mansor enters the courtroom as proceedings are about to start before Justice Mohamed Zaini Mazlan.
Also seen in the court are deputy public prosecutors including Akram Gharib and Mustaffa Kunyalam. Also present are Rosmah Mansor's lawyers Akberdin Abdul Kader and Jagjit Singh.

The corruption trial against Rosmah Mansor, the wife of former prime minister Najib Abdul Razak, in relation to a government project for the supply and installation of solar energy at 369 rural schools in Sarawak worth RM1.25 billion will enter its third day today.
It is expected that former Education minister Mahdzir Khalid would continue to testify against Rosmah as a prosecution witness.
Last week, Mahdzir had given an explosive testimony regarding the awarding the project tender to Jepak Holdings in 2016, stating that he was pushed to do so by Rosmah, her aide Rizal Mansor and also Najib himself. - Mkini

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