DAY 9 | 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.
KEY HIGHLIGHTS
- Madinah Mohamad released from the witness stand
- Senior lawyers in a shouting match
- Witness denies receiving money from Rosmah, three others
- Defence completes cross-examination of ex-MOE sec-gen
- Witness: Rayyan harassed, threatened Education Ministry officers
- Rosmah did not ask Madinah to look into solar project, says defence
- Judge rebukes defence for delving in Madinah's personal matter
- Defence presses Madinah of failing to advise Najib on solar project
- 'Defence needs to address every part of 150-page witness statement'
- MOF official told Najib solar project shouldn't be considered - witness
- Najib's minutes need not be strictly followed, claims defence
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3.30pm - Thank you for following our live report today.
Madinah Mohamad released from the witness stand
2.10pm - Former Education Ministry secretary-general Madinah Mohamad is released from the witness stand after the prosecution finishes re-examination.
Justice Mohamed Zaini Mazlan then allows proceedings to adjourn for the day and continue tomorrow morning.
Senior lawyers in a shouting match
1.58pm - The re-examination of former Education Ministry secretary-general Madinah Mohamad is interrupted when two senior lawyers enter into a shouting match.
This happens when lead DPP Gopal Sri Ram is questioning the witness on whether Rosmah Mansor, who is the wife of former premier Najib Abdul Razak, had objected when her aide Rizal Mansor was introduced as her special officer.
Defence lawyer Akberdin Abdul Kader then raises his objection, saying that Sri Ram was giving the witness a leading question.
To this, Sri Ram, who is a former Federal Court judge, tells the court that the incident he was referring to happened in Rosmah's presence.
At this juncture, lead defence lawyer Jagjit Singh (photo) stands up and objects to the question in a raised voice.
This appears to have irked Sri Ram, who turns his face to Jagjit and tell him not to shout.
"Do not shout at me!"
Jagjit, however, does not back down and shouts to Sri Ram on top of his lung: "Because you are deaf!"
Following this, Justice Mohamed Zaini Mazlan steps in and tells Jagjit to keep it civil.
Witness denies receiving money from Rosmah, three others
1.50pm - Former Education Ministry secretary-general Madinah Mohamad testifies that she never took any money from accused Rosmah Mansor and three others in relation to the solar hybrid project.
The sixth prosecution witness says this during re-examination by lead DPP Gopal Sri Ram.
Sri Ram is asking her about the earlier line of cross-examination against her today, where it was put to her that she has interests in the whole matter.
Sri Ram: Have you received any money from Jepak (Holdings, the company at the heart of the solar project corruption trial) or Saidi (Abang Samsudin, managing director of Jepak), or Rayyan (Radzwill Abdullah, business partner of Saidi) or the accused (Rosmah) in this case?
Madinah: I have never received any money from any of them.
Defence completes cross-examination of ex-MOE sec-gen
1.45pm - Defence counsel Akberdin Abdul Kader informs the court that he is done with cross-examination of former Education Ministry (MOE) secretary-general Madinah Mohamad.
Lead DPP Gopal Sri Ram then starts the prosecution's re-examination of the witness.
Witness: Rayyan harassed, threatened Education Ministry officers
1.30pm - A businessperson associated with Jepak Holdings had made visits to the Education Ministry and harassed its officers to speed up the process for the solar hybrid project, the court hears.
Former Education Ministry (MOE) secretary-general Madinah Mohamad testifies this when answering questions from defence counsel Akbderin Abdul Kadir about a figure identified as 'Rayyan' whose full name is Rayyan Radzwill Abdullah.
According to Madinah, who was the MOE secretary-general between June 2013 and September 2016, she was told about Rayyan's harassment by her staff.
The man had also gone as far as to threaten the ministry's officers, says Madinah.
"When I was serving as the secretary-general of MOE, I received complaints through my special officer that a man named Rayyan had been harassing my officers at the Acquisition and Development Division.
"This Rayyan was said to have been speaking rudely and threatened the officers that if they do not speed up the work, he would complain to the prime minister.
"He also demanded to meet the secretary-general. So my officers asked for my help to meet this Rayyan as they could not tolerate him anymore," she testifies.
Madinah was answering Akberdin's question on why she would entertain a guy like Rayyan, who had been dropping the prime minister's name.
Court proceedings resume
1.15pm - Proceedings resume after the break.
12.57pm - Court goes into a short break. Today's proceedings will carry on through lunchtime until adjournment at 2.30pm.
Rosmah did not ask Madinah to look into solar project, says defence
12.30pm - The defence claims that accused Rosmah Mansor never asked former Education Ministry secretary-general Madinah Mohamad to expedite the solar power project.
During Madinah's cross-examination, defence counsel Akberdin Abdul Kader says according to Rosmah's instructions, and as far as she remembers, she never told Madinah this.
Akberdin is referring to Madinah's witness statement, where she claimed that during a Permata event that she does not remember the date, Rosmah had asked her to look into the solar project in relation to Jepak Holdings' bid.
Akberdin: This is her (Rosmah's) instructions. As far as she remembers and what she told MACC in the statement (recorded by MACC), at this Permata event where the date is not stated or even which one, she had never said this (to Madinah).
There is a possibility she did not issue this statement (to Madinah), as she told MACC.
Madinah: For me, it happened as I remembered. So I disagree.
Judge rebukes defence for delving in Madinah's personal matter
12.15pm - A heated verbal exchange between the prosecution and defence takes place as defence lawyer Akberdin Abdul Kader starts to touch on a very personal matter of witness Madinah Mohamad during cross-examination.
This happens when the counsel takes his line of questioning into asking the former Education Ministry secretary-general on how close she was with the accused, Rosmah Mansor.
Akberdin then began going into details about a specific discussion between Madinah and Rosmah during an official trip overseas a few years ago.
At this juncture, judge Mohamed Zaini Mazlan starts querying the lawyer on the relevance of his question, but Akberdin says that he will show it to the court shortly.
The lawyer then continues with his line of questioning, starting to go deeper into details. He also apologises to Madinah, stating that he does not intend to humiliate her.
At this point, DPP Akram Gharib objects, questioning the relevance of what Akberdin was trying to do. Akram also mentioned several sections in the Evidence Act, saying that the court shall forbid any question that intends to insult or annoy.
Lead DPP Gopal Sri Ram (photo) also weighs in, saying that Akberdin was insulting the witness.
"Most unbecoming of a counsel," Sri Ram says.
Akberdin defends his action, saying that he only wants to show that Madinah and Rosmah had discussed personal matters.
The judge then makes a ruling, ordering Akberdin to directly ask his question without making a statement on the matter to the witness.
Zaini also orders for that the details Akberdin mentioned earlier to be expunged from the court's record and tells members of the media to not report them.
Akberdin then rephrases his question to Madinah.
Akberdin: Tan Sri earlier agreed that you have had discussion with Datin Seri Rosmah. Agree that you have discussed about the personal problem with her?
Madinah: Yes.
Prosecution objects to defence's line of questioning on Najib's sincerity
11.56am - The High Court allows the prosecution's objection against the defence's question over whether the sincerity of then premier Najib Abdul Razak in the minutes linked to the solar project would make it not an offence.
Justice Mohamed Zaini Mazlan allows the objection by lead DPP Gopal Sri Ram against a cross-examination question by defence counsel Akberdin Abdul Kader.
Akberdin is asking former Education Ministry secretary-general Madinah Mohamad whether it would not have been an offence if Najib had made the two solar project-linked minutes with a sincere desire for the betterment of pupils in Sarawak schools.
At this juncture, Sri Ram objects, saying that amounts to a question of law and Zaini allows the objection.
Zaini also reminds Akberdin that the issue can be raised during submissions at the end of the prosecution stage of trial rather than now.
11.44am - Proceedings resume after a short break.
11.25am - Proceedings go for a short break.
Defence presses Madinah of failing to advise Najib on solar project
11.05am - Defence counsel Akberdin Abdul Kader shifts his line of questioning on former Education Minister secretary-general Madinah Mohamad on whether she had taken the initiative to advise Najib Abdul Razak on the solar hybrid project.
Akberdin repeatedly queries the witness whether she had taken any initiative to meet Najib, who was the then prime minister and finance minister, to tell him that the project should not be carried out.
The counsel also asks if Madinah had written to Najib to tell him about the challenges faced by the Education Ministry in processing Jepak Holdings' proposal to carry out the project.
Madinah then tells the court that as a secretary-general, there was a hierarchy and it was not her place to directly approach Najib.
The witness testifies that she had informed the issues to the then education minister Mahdzir Khalid, who promised to bring it up to Najib's attention.
Madinah also disagrees with Akberdin's suggestion that it was unfair for her to come to court and accuse Najib as she never advised him on the project.
'Defence needs to address every part of 150-page witness statement'
10.56am - Rosmah Mansor's defence team has to address every point raised in the 150-page witness statement by former Education Ministry secretary-general Madinah Mohamad, the High Court hears.
Defence counsel Akberdin Abdul Kader informs Justice Mohamed Zaini Mazlan that the defence needs to ask on every point raised in the lengthy witness statement.
"This is a 150-page paragraph witness statement. We are not delaying proceedings but we are addressing every part. It is their (prosecution) witness statement," Akberdin says.
Madinah is the sixth prosecution witness.
MOF official told Najib solar project shouldn't be considered - witness
10.35am - The court hears about how a Finance Ministry (MOF) official, who headed its Government Acquisition Division (GAD) in 2016, had objected against Jepak Holdings' proposal to carry out RM1.25 billion solar hybrid project for 369 schools in Sarawak.
During defence's cross-examination of former Education Ministry secretary-general Madinah Mohamad, counsel Akberdin Abdul Kader refers to two memos that were sent by Othman Semail, then GAD chief in 2016, to the then prime minister Najib Abdul Razak.
In these memos, Othman had told Najib (above), who was also the finance minister at the material time, that the project should not be considered and could not be carried out due to government's financial constraints.
The officer had written these memos to Najib despite the premier's minutes stating his agreement for the project to be approved.
Shown with the documents, Madinah then agrees to a suggestion by the lawyer, that Othman had put his foot down in stating that the solar project should not be executed.
Najib's minutes need not be strictly followed, claims defence
10.25am - The prosecution and defence verbally spar over a line of questioning on whether the minutes by then prime minister Najib Abdul Razak was to be followed religiously or not.
The disagreement between DPP Gopal Sri Ram and lawyer Akberdin Abdul is over the latter's question to the sixth prosecution witness, former Education Ministry secretary-general Madinah Mohamad.
Akberdin is cross-examining Madinah over a memo involving a letter from Jepak Holdings.
The memo allegedly raises concern over the termination of the generator set-linked contracts linked to schools in Sarawak as it may lead to the matter dragged to court and bring negative effect to the government, among others.
Sri Ram then stands up and asks what is the relevance of the question as the trial is not against Najib.
Akberdin counters that it was the prosecution who tendered the minutes in proceedings, arguing that the defence wishes to show that the minutes by then PM Najib was not to be followed religiously.
Justice Mohamed Zaini Mazlan allows the question.
Day 9 of Rosmah's corruption trial begins
10.10am - Proceedings begin.
Also seen in court is lead DPP Gopal Sri Ram and other DPPs, as well as defence counsel Akberdin Abdul Kader, Jagjit Singh and Azrul Zulkifli Stork, and other members of the defence team.
9.47am - Accused Rosmah Mansor enters the Kuala Lumpur High Court and takes a seat in the dock to wait for proceedings to begin.
The corruption trial against the wife of former premier Najib Abdul Razak, Rosmah Mansor, over an RM1.25 billion solar hybrid project for 369 schools in Sarawak continues for its ninth day today.
It has been scheduled that the defence would resume their cross-examination on former Education Ministry (MOE) secretary-general Madinah Mohamad, who is the sixth prosecution witness.
As the court was adjourned early yesterday to allow some rest for Rosmah's lawyer Akberdin Abdul Kader, who was unwell, the counsel had informed the court that he would need at least one more day to examine Madinah.
Since she started giving her testimony under prosecution's examination last Thursday, Madinah (photo) has made explosive revelations on the alleged pressure put by Najib, Rosmah, her aide Rizal Mansor as well as individuals connected to Jepak Holdings on the ministry to approve the project.
This includes an incident in 2016, when Rosmah had allegedly told Madinah personally to "have a look at the Jepak solar project" and to "expedite" it.
The witness also told the court that the MOE only considered Jepak's proposal because of Najib's minutes in Nov 2015 and June 2016, ordering the Education Ministry to approve the company's proposal.
However, during yesterday's proceeding, the defence pointed out to the witness on what appeared to be contradictions in her statements.
Akberdin confronted Madinah that she had testified that Najib's minutes on a company's letter was normal, and did not mean that the ministry could execute such orders without proper planning or going against procedures that had been set by the government.
He suggested to the witness that her statement in the court blaming Najib's minutes was made in bad faith, and was an attempt to make Najib a scapegoat.
Madinah disagreed with the suggestion.
The lawyer also suggested to Madinah that there was a contradiction between what she told the court and her action during the material time as the ministry's secretary-general.
Referring to a memo from Madinah to the then education minister Mahdzir Khalid, Akberdin said the witness had in 2016 supported Jepak's proposal saying that solar hybrid project was a better option to power the schools, compared with existing diesel generator sets.
When Madinah agrees that she had indeed supported the company's proposal in her memo to Mahdzir, Akberdin then points out to the court Madinah's written testimony, particularly the part where she said "diesel gensets was the effective method to supply electricity" to the schools.
The retiree, initially disagreeing that she had contradicted herself, eventually conceded that there was contradiction after being pressed by Akberdin.
Akberdin: You disagree? I have read it. It is short and easy to understand. You do not agree that before this you supported (the proposal) for solar, but now you support gensets?
Madinah: From that perspective, there is a contradiction. - Mkini
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