DAY 10 | 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
- Saidi told me RM5m was for ‘RM’ - witness
- Jepak MD Saidi’s friend testifies about delivering RM5m
- Eighth prosecution witness Razak Othman takes the stand
- Prosecution takes over examination on Treasury deputy sec-gen
- As far as I know, solar hybrid project not delivered, says witness
- Othman: MOE knew they didn't do due diligence before issuing SST
- Witness agrees MOE shouldn’t have issued SST to Jepak in 2016
- Najib's minute had requested MOE to follow procedures
Proceedings adjourn for the day
1.15pm - High Court judge Mohamed Zaini Mazlan allows proceedings to adjourn for the day.
This follows a related application by Rosmah Mansor's counsel Azrul Zulkifli Stork, who says the defence had only been served with Razak Othman's witness statement.
Azrul says that the defence needs to study it before they can mount cross-examination of eighth prosecution witness Razak.
Saidi told me RM5m was for ‘RM’ - witness
1.13pm - Eighth prosecution witness Razak Othman testifies that the RM5 million brought in two bags from a Maybank branch was for "RM".
Razak says this during examination-in-chief by the prosecution.
Razak earlier testified that he was a business partner of Saidi Abang Samsudin, the managing director of Jepak Holdings, which was awarded the solar hybrid project in Sarawak.
Razak earlier testified that he followed Saidi when they went to buy two black bags and then headed to the Maybank branch at Jalan Tuanku Abdul Rahman to load a total of RM5 million into the bags.
Razak testifies that a few months after he had helped Saidi with loading the cash into the two bags, the witness was informed by Saidi that the money was for "RM".
"A month or two later, Saidi said that the money was for RM. I did not know what that means.
"I feel that Saidi intentionally kept the matter a secret," Razak says.
The court previously heard from another witness that the bags were brought from Maybank, then to Pavilion, and finally to a house at Jalan Langgak Duta.
Jepak MD Saidi’s friend testifies about delivering RM5m
1pm - Razak Othman, who is a businessperson, testifies that he is a business partner of Jepak Holdings' managing director Saidi Abang Samsudin, sharing a business together under a company named Trace Tag Asia Sdn Bhd.
Razak, 52, tells the court how Saidi (above, left) had offered him to join the company in 2016, where Saidi mainly plays the part of the company's financier.
According to the eighth prosecution witness, he had sometime in December 2016 went to Maybank Jalan Tuanku Abdul Rahman in Kuala Lumpur to cash a cheque of RM30,000 which Saidi had given the company to purchase a lorry for their business.
However, before doing so, Razak had waited for Saidi at a coffee shop where both of them later had some drinks, before going into the bank together.
Razak testifies that they had exited the bank later and went to a shop near the Sogo shopping complex, where Saidi purchased two black luggage bags.
They then returned to the first floor of the same bank where the cash office is located.
Razak tells the court that he helped Saidi pack RM5 million into the two bags that Saidi purchased earlier.
The cash, in RM100 denomination, were divided equally into the two bags.
They then took the bags and put them into Saidi's Range Rover, which was driven by the latter’s driver Shamsul. However, before they left the area, a man whom Razak said he did not know, had joined them in the car.
They then drove to a building near the Pavilion shopping complex, where Razak and Saidi took the bags to an upper floor.
Razak says that they later took the bags back to the building's lobby, and put them into a vehicle which he described as either a Toyota Alphard or Vellfire.
They then left the building and returned to the Maybank branch, where Razak took his car and returned home.
Razak testifies that he only followed Saidi on the grounds of being friends, and did not know for whom the cash was for or for what purpose.
Eighth prosecution witness Razak Othman takes the stand
12.50pm - Eighth prosecution witness Razak Othman takes the stand.
This follows seventh prosecution witness, Othman Semail, having been released from the witness stand earlier.
Othman, who is Treasury deputy secretary-general, has fully undergone both the cross-examination by Rosmah Mansor's defence as well as re-examination by the prosecution.
Prosecution takes over examination on Treasury deputy sec-gen
12.37pm - As the defence finishes the cross-examination on the prosecution's seventh witness Othman Semail, DPP Akram Gharib takes over the examination on the Treasury deputy-secretary general.
As far as I know, solar hybrid project not delivered, says witness
12.35pm - The court hears from Finance Ministry senior official Othman Semail that in his knowledge, the solar hybrid system for schools in Sarawak under the Education Ministry's contract with Jepak Holdings was never delivered.
Othman (above), who is now the Treasury deputy secretary-general, says that only diesel supply and maintenance for diesel-powered generators at the schools had been carried out by the company so far.
"I am not updated with the latest status, whether this contract has been terminated or not.
"But, what had been carried out thus far is only the supply of diesel and maintenance works," he testifies.
Othman says this when answering questions from defence counsel Akberdin Abdul Kader.
Othman: MOE knew they didn't do due diligence before issuing SST
12.25pm - Treasury deputy secretary-general Othman Semail testifies that "they themselves know they did not do" in relation to performing due diligence before a letter of agreement (SST) was issued to Jepak Holdings for the solar hybrid project in Sarawak.
During cross-examination by defence counsel Akberdin Abdul Kader, the seventh prosecution witness says this about Paragraph 163 of his witness statement, where he used the word "cynical statement".
The "cynical statement" is in relation to a letter from the Finance Ministry to then Education Ministry secretary-general Alias Ahmad on Jan 20, 2017.
The letter contained a statement that "the MOF is of the view that KPM (Education Ministry) had taken due diligence on the implementation of the procurement before SST is issued to the company (Jepak Holdings)".
In relation to this, the witness statement has Othman stating that the issuance of the SST for the solar project did not abide by procedure for direct negotiation established by the circular letter of the MOF and other regulations.
"They themselves know that they did not do it. They should understand," Othman says.
However, he does not explain further on this.
11.57am - Proceedings resume after brief break.
Witness agrees MOE shouldn’t have issued SST to Jepak in 2016
11.42am - Treasury deputy secretary-general Othman Semail agrees that then Education Ministry secretary-general Alias Ahmad should not have issued a letter of agreement (SST) to Jepak Holdings in relation to the solar hybrid project for schools in Sarawak, the High Court hears.
The seventh prosecution witness says this during cross-examination by defence counsel Akberdin Abdul Kader (below).
Akberdin is referring to Othman having expressed many reservations about the project through memos to then finance minister and prime minister Najib Abdul Razak, and yet the then Education Ministry secretary-general still issued the SST.
Akberdin: It is strange that in this case, you issued many views, even used the word "cynic” here, but the Education Ministry secretary-general knew about the problems of the project and still issues SST on Nov 10, 2016?
Othman: We did not know that they issued the SST then.
Akberdin: If follow the SST, have to abide by procedures.
Othman: We only found out later.
Akberdin: It is improper to issue (SST) as the price negotiation not done yet?
Othman: Yes.
Earlier, Othman agrees that despite then prime minister Najib Abdul Razak having issued a minute for the project to be carried out, the Education Minister and officers involved still needed to ensure that the premier's directives can actually be carried out and explain to the premier if it could not be done.
Justice Mohamed Zaini Mazlan then allows proceedings to go for a short break.
Najib's minute had requested MOE to follow procedures
11am - Defence counsel Akberdin Abdul Kader in his cross-examination of Othman Semail takes the witness through Finance Ministry (MOF) procedures for direct negotiation.
He also shows the witness, who is now the Treasury deputy secretary-general, minutes that were written by the then prime minister Najib Abdul Razak during the material time of the solar project between 2015 and 2017.
These include a minute issued by Najib on Dec 1, 2015, where the premier wrote on a Jepak Holdings letter citing his approval for the solar project; Najib's minute in June 2016 ordering the then education minister Mahdzir KHalid to execute Jepak's proposal; and a minute dated Jan 16, 2017.
The Jan 2017 minute was written by Najib, ordering the then MOE secretary-general Alias Ahmad to monitor the solar hybrid project and "follow procedures to ensure there would be no problem to students learning".
Othman then agrees to a suggestion by the counsel that despite Najib having ordered for the project to be executed, the prime minister also wanted MOE to follow procedures.
10.19am - Accused Rosmah Mansor is seen in the dock as proceedings before High Court judge Mohamed Zaini Mazlan begins.
Seen sitting in the witness stand is Treasury deputy secretary-general Othman Semail, the seventh prosecution witness who is set to be cross-examined by the defence.
Also seen in court are Rosmah's defence counsel Akberdin Abdul Kader and Jagjit Singh, among others.
9.50am - Accused Rosmah Mansor (above) enters the Kuala Lumpur High Court and takes a seat at the front row of the public gallery.
Also in court awaiting proceedings to begin are DPP Ahmad Akram Gharib and other DPPs, as well as defence counsel Azrul Zulkifli Stork and other members of the defence team.
Treasury deputy secretary-general Othman Semail is slated to be cross-examined by the defence team on the 10th day of Rosmah Mansor’s corruption trial linked to the RM1.25 billion solar hybrid project for 369 rural schools in Sarawak.
DPP Ahmad Akram Gharib informed the Kuala Lumpur High Court of this at the end of yesterday's proceedings involving Rosmah, the wife of former prime minister Najib Abdul Razak.
When Othman testified during the examination-in-chief on Monday, the seventh prosecution witness told the court among others that Jepak Holdings had threatened to stop the supply of diesel to power 369 schools in rural and remote areas of Sarawak in 2017.
Jepak Holdings was awarded the solar hybrid project in 2016.
During proceedings yesterday, former Education Ministry secretary-general Madinah Mohamad testified that Rayyan Radzwill Abdullah, a businessperson linked to Jepak Holdings, had harassed and threatened the ministry’s officers to work on the solar hybrid project proposed by the company.
Rayyan was the business partner of Jepak Holdings’ managing director Saidi Abang Samsudin.
Yesterday’s proceedings also momentarily took a heated turn when lead DPP Gopal Sri Ram and defence counsel Jagjit Singh got involved in a shouting match, with Justice Mohamed Zaini Mazlan intervening to soothe frayed nerves.
The proceedings before Zaini is expected to resume at 10am this morning as the judge will usually deal with other court matters at 9am. - Mkini
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