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Monday, March 9, 2020

Rosmah trial: Witness asked to remove clause on gov't's right to terminate contract

Malaysiakini

DAY 11| Former prime minister Najib Abdul Razak’s wife, Rosmah Mansor, will today be facing the 11th day of her corruption trial at the Kuala Lumpur High Court.
She is facing three charges pertaining to the alleged misappropriation of funds for the supply and installation of solar energy at 369 rural schools in Sarawak for the Education Ministry.
The project was valued at RM1.25 billion, and awarded to Jepak Holdings Sdn Bhd through direct negotiation.
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
  • Witness asked to remove clause on gov't's right to terminate contract
  • Jepak didn't attach details when replying to letter of intent
  • Former Education Ministry department sec takes the witness stand
  • Witness testifies he never the money in the purported bags of cash
  • 'Two butlers picked up the bags, took them into Sri Perdana residence'
  • 'I didn't know the bags contained money'
  • Police officer called 'Evo' joined us on trip to Sri Perdana, says witness
  • Rizal enters court via court workers' entrance
  • I am aware Rizal is a special aide to Rosmah, witness tells KL High Court
  • Ninth prosecution witness takes the witness stand
  • Businessperson testifies he wouldn't know if money was removed from bags
  • Witness admits he isn't aware if contents in bank fully withdrawn
  • Defence says witness is not aware of the amount placed into two bags

Thank you for following Malaysiakini's live report
3.45pm - Thank you for following our live report today.

Proceedings adjourn for the day
1.01pm - High Court judge Mohamed Zaini Mazlan allows proceedings to adjourn for the day.
The trial will resume tomorrow.

Witness asked to remove clause on gov't's right to terminate contract
12.29pm - Kamarudin Abdullah testifies that he received a call from the then education minister Mahdzir Khalid (above) to amend the letter of award (LOA) to Jepak Holdings to remove "Clause 11".
Clause 11 refers to a right to the government to terminate the contract anytime in between.

Jepak didn't attach details when replying to letter of intent
12.20pm - Kamarudin Abdullah testifies that he had produced a second letter of intent dated Nov 4, 2016, to Jepak Holdings as the company did not attached to its proposal the required financial and technical details when replying to the first letter of intent.

Former Education Ministry department sec takes the witness stand
12.07pm - Tenth witness, former Education Ministry asset acquisition and management department secretary Kamarudin Abdullah, enters the witness stand.
In a witness statement, Kamarudin testifies that Former Education Ministry secretary-general Madinah Mohamad has instructed him to write a letter to the chief secretary of the Treasury to apply for Jepak Holdings to take over the maintenance and operation of diesel gen-sets in rural Sarawak schools.

Trial adjourn for a short break
11.39am - Justice Mohamed Zaini Mazlan allows proceedings to adjourn for a short break.

Witness testifies he never the money in the purported bags of cash
11.37am - During cross-examination by defence counsel Azrul Zulkifli Stork, ninth witness Ahmed Farriq testifies that he never saw what was in the bags.
Azrul: You never saw the money inside the bag?
Ahmed: That's right.
Subsequently, lead prosecutor Gopal Sri Ram asked Ahmed Farriq if there's any other person whom Rizal Mansor referred to as "ma'am", in which the latter replied: "Not that I know."

'Two butlers picked up the bags, took them into Sri Perdana residence'
11.35pm - Ninth witness Ahmed Farriq Zainul Abidin testifies that he saw two butlers picked up the two bags from Rizal's car when they arrived at Sri Perdana.
He says he clearly saw the butlers carrying the bags into the residence.
"Rizal told me that he's going to meet 'ma'am' and asked me to wait in the car... later, he came out and said 'it's settled'," he testifies.
Ahmed Farriq says he only knew a little about the Hybrid solar project as he had accompanied Rizal to meet Saidi and Rayyan before.
He says he didn't want to know about the project although Rizal had attempted to talk about it with him several times.

'I didn't know the bags contained money'
11.20am - Ahmed Farriq Zainul Abidin testifies that he had accompanied Rosmah Mansor's aide Rizal Mansor (photo, 2nd right) from Pavilion Tower to Seri Perdana in a car containing two bags.
"While on the way, I didn't know that the bags contained money. Rizal said he wanted to pass 'items' to 'ma'am'," he reads from his witness statement.
Ahmed Farriq says "ma'am" refers to Rosmah.
The witness says he never asked about what's in the bag as he is aware that Rizal is a secretive person, especially when it comes to work.
Earlier, before going to Pavilion Tower, he says Rizal had asked him to accompany Rizal for a coffee at Pavilion mall.
However, en route to Sri Perdana later, Rizal revealed to him that there's money in the bags but he didn't specify the amount.
Ahmed Farriq says at the cafe, Rizal had told him that he's waiting for "goods" to be given to a person called Lawrence, but he didn't ask what "goods" Rizal referred as he understood that Rizal is full of secrecy.
He says he had met this Lawrence before, and he knows that Lawrence works for one Desmond Lim.

Police officer called 'Evo' joined us on trip to Sri Perdana, says witness
11.18am - The court hears from Ahmed Farriq Zainul Abidin that at Pavilion Tower, he saw two or three unknown men alight from a car and two of them carried two black bags. They then entered the building's lift.
He testifies that Rizal asked him to wait in the lobby before going up the lift.
"About 20 minutes later, Rizal came down and told me that there's a problem and that he needed to send the two bags to Sri Perdana," he says.
He adds that when Rizal's car arrived at the lobby, the two men put the two bags in the bonnet and left the area.
Ahmed Farriq also says that throughout the journey to Sri Perdana, they were joined by a man whom Rizal said to be known as "Evo", who is a police officer. 

Rizal enters court via court workers' entrance
11.11am - The prosecution asks Ahmed Farriq Zainul Abidin if he can recognise Rosmah Mansor and her aide Rizal Mansor. Ahmed Farriq replies that he is able to do so.
Rizal then appeared via an entrance reserved for court workers.
DPP Ahmad Akram Gharib tells the court that Rizal was under witness protection, but he did not know why Rizal appeared from that entrance.

I am aware Rizal is a special aide to Rosmah, witness tells KL High Court
11.09am - Ninth witness Ahmed Farriq Zainul Abidin says that he first met Rizal Mansor in 2014 at a programme called Selawat Perdana in Putrajaya.
He says they became friends and Rizal had invited him to form a foundation called Yayasan Perdana Ummah where they held numerous programmes on religion, sports, and assistance.
Ahmed Farriq also tells DPP Mohd Farizul Hassan Bakri that when he first met Rizal, he already knew that Rizal held a position as a special officer to then prime minister Najib Abdul Razak and a special aide to Rosmah Mansor.

Ninth prosecution witness takes the witness stand
11.02am - Eighth witness Razak Othman leaves the witness stand after defence counsel Akberdin Abdul Kader completes his cross-examination.
The ninth prosecution witness Ahmed Farriq Zainul Abidin, a businessperson, enters the witness stand. 

Businessperson testifies he wouldn't know if money was removed from bags
10.47am - The ninth witness Razak Othman answers "yes" during cross-examination by the counsel Akberdin Abdul Kader when asked if the former wouldn't know if some or all of the money was removed from the bags.
Akberdin: In 15 minutes time (during which Razak waited outside of the room), you did not know what happened?
Razak: Yes.
Akberdin: Whether some or all of the content in the bags was removed?
Razak: Yes.
Akberdin: If the money is taken out by some or all and replaced with other items, you wouldn't know, true?
Razak: Yes.

Witness admits he isn't aware if contents in bank fully withdrawn 
10.46am - Razak Othman (photo, below) tells the court testifies he did not know what had happened in the office after he left the two bags containing RM2.5 million each in the room.
He says this under cross-examination from defence counsel Akberdin Abdul Kader.
Akberdin: Within the 15-minute timeframe, you did not know what happened? Whether the contents in the bank were withdrawn in full or partially, as you did not enter the room, correct?
Razak: Correct.

Defence says witness is not aware of the amount placed into two bags
10.24am - Razak Othman says he didn't know the amount that Saidi withdrew from Maybank as he didn't see the cheque although he accompanied Saidi to the bank.
Defence counsel Akberdin Abdul Kader suggests that Razak did not know the actual amount put in the two bags as claimed in his witness statement. The eighth prosecution witness had stated that he put RM2.5 million into each of the two bags.
Akberdin: You did not see the cheque?
Razak: No.
Akberdin: Do you agree that you did not know the amount that Saidi withdrew on the day because you did not see the cheque and did not deal with the bank officer?
Razak: Yes.
Razak later testifies that MACC had summoned him about four times in regards to the case and that anti-graft agency did not remand him

Proceedings begin
10.04am - High Court judge Mohamed Zaini Mazlan enters the court and proceedings begin.
9.50am - The accused, Rosmah Mansor enters the dock.
DPP Ahmad Akram Gharib and other DPPs, as well as defence counsels Azrul Zulkifli Stork, Akberdin Abdul Kader, and Jagjit Singh are also seen in the court.
Businessperson Razak Othman, the eighth prosecution witness who is set to be cross-examined by the defence, is sitting in the witness stand.

Razak is a business partner to Jepak Holding managing director Saidi Abang Samsudin.
Proceedings will begin shortly before High Court judge Mohamed Zaini Mazlan.

When the trial last adjourned on Feb 20, businessperson Razak Othman, who was the eight prosecution witness, testified that he was 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 said that sometime in December 2016, he 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.
He told the court that he helped Saidi pack RM5 million in cash into the two bags that Saidi purchased earlier. The cash, in RM100 denomination, were divided equally into the two bags.
They then took the cash to a building near Pavilion shopping complex and the cash was placed in a vehicle described as either a Toyota Alphard or Vellfire.
After that, they left the building and returned to the Maybank branch, where Razak took his car and returned home.
The previous session ended early in order for the defence to prepare for the cross-examination of Razak.
Proceedings are expected to resume today as the defence cross-examines Razak. - Mkini

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