An audio recording and a transcript containing the phrase "Can I advise you something?" are admissible as evidence in Rosmah Mansor's trial relating to the RM1.25-billion solar hybrid project for 369 rural schools in Sarawak.
The audio recording, previously released by the MACC which was believed to be part of a conversation between Rosmah and her husband, former prime minister Najib Abdul Razak, was played by the prosecution her trial when former education minister Mahdzir Khalid testified.
High Court judge Mohamed Zaini Mazlan made the ruling on the audio recording before ordering Rosmah, 69, to enter her defence on all her three corruption charges related to the project today.
The judge allowed the audio recording, marked as "IDP36", and its transcription, marked as "IDP163", to be admitted as evidence after the prosecution in its submission urged the court to revisit its application and to review the court’s earlier ruling (on the prosecution’s request to admit these two items as its exhibits).
The judge said the defence, in objecting to the application, contended that the court was functus officio in having made its ruling and that the issue was res judicata, in that a decision made could not be revisited.
The judge said he was disinclined to accept the defence's argument that the court is functus officio as it will only be functus officio once it has completed its task.
“To put it into perspective, this court can only be deemed to be functus officio once it has officially completed the trial. As it stands now, the trial has not been concluded. The court is still in session,” he said.
Mohamed Zaini said as for the argument of res judicata, a concept which is perhaps more common in civil matters, it refers to a decision that has reached its finality and should not be litigated again.
He further said his ruling on the admissibility of these two items was merely a ruling as it was made during the course of a trial.
“It was not a decision within the context of Section 3 of the Courts of Judicature Act 1964, namely, a judgment, sentence or order. It is trite law that a ruling made during the course of a trial could not be connoted as a decision, as the latter has the element of finality.
“On that score, I would like to add that the concept of res judicata in criminal proceedings is more relevant in raising the argument of double jeopardy, in that a person cannot be tried for the same offence more than once,” he said.
Rosmah, Najib to testify
Meanwhile, Rosmah was given three options — to testify under oath; to give testimony from the accused dock while not under oath, where she cannot be cross-examined; or to choose to remain quiet.
After the court interpreter explained her options, Rosmah said she would be testifying under oath from the witness stand.
This means she can be cross-examined by the prosecution after she gives evidence in her defence.
Rosmah’s lawyer Jagjit Singh also added that former prime minister Najib was among the defence witnesses who would be called to testify during the nine-day proceedings starting June 9.
Jagjit said currently the defence has five or six witnesses and had been offered some 10 witnesses by the prosecution.
"We need to look into the list (of prosecution witnesses) and we also need to interview them (the witnesses)," he told reporters after today’s court proceeding.
Deputy public prosecutor Ahmad Akram Gharib told the court that the prosecution offered 10 potential witnesses to the defence including Najib, MACC's officers and would call three Maybank officers to testify as the MACC had previously recorded their statements during investigations of the case.
When asked by Mohamed Zaini on the number of defence witnesses to be called, Rosmah's counsel Jagjit said they will probably call five or six witnesses.
The court fixed nine days, namely on June 9,10,15,16,17,22, 23 and July 12 and 15, to hear the evidence from Rosmah and other defence witnesses.
Earlier, Mohamed Zaini ordered Rosmah to enter her defence on all three corruption charges after finding that the prosecution had made out a prima facie case against her.
Before the proceeding began, Najib was seen on television provided in the video link, sitting next to his wife and during the short court break, Najib was also seen comforting his wife after the verdict was delivered.
Yesterday, it was reported that Najib would be by his wife’s side to provide emotional support when the court delivered the verdict. - Bernama
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