Ex-aide’s evidence can be relied on to convict Rosmah, court told

 

The prosecution said Rosmah Mansor failed to rebut the presumption under the MACC Act that she had solicited and accepted bribes. (Bernama pic)

KUALA LUMPUR: Rizal Mansor is not an accomplice and as such his evidence need not be corroborated, says the prosecution in Rosmah Mansor’s corruption trial linked to the RM1.25 billion Sarawak rural schools’ solar energy project.

In an additional written submission filed with the High Court yesterday, the prosecution said Section 52(2) of the Malaysian Anti-Corruption Commission Act (MACC) entitles the court to convict Rosmah without the need to warn itself against the danger of acting on uncorroborated evidence.

The prosecution re-emphasised that Rizal is also a witness who had “no sword hanging over his head” as the charges against the former aide of Rosmah had been withdrawn.

They said it would have only encouraged perjury “to keep the sword hanging over the head of an accomplice (Rizal)” and then to examine him as a witness.

“In the present case, Rizal had no purpose to serve by giving evidence against the accused (Rosmah),” the prosecution added.

The defence had submitted that Rizal was the mastermind in the solar project and his evidence was not reliable or credible as he was only out to save his own skin.

In response, the prosecution said to describe Rizal as the mastermind was “a figment of the defence counsel’s vivid imagination”.

It said in Rosmah’s case, none of the prosecution witnesses had any grudge against her.

The prosecution said the defence’s description of some of the prosecution witnesses as interested witnesses or witnesses with a purpose to serve was a fallacy.

“It is clear that the accused is desperately grasping at straws to save herself from drowning.

“Her desperation and that of her counsel is apparent from their resorting to religion as the basis to warrant an acquittal,” they said.

The prosecution said Rosmah had failed to rebut the presumption under the MACC Act that she had solicited and accepted bribes and her evidence remained a mere denial.

Rosmah, 70, is accused of soliciting RM187.5 million from former Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin, through Rizal, as an inducement to help the company secure the solar project for rural schools in Sarawak.

She is also accused of receiving bribes amounting to RM5 million from Saidi, through Rizal, at Seri Perdana in Putrajaya on Dec 20, 2016.

Rosmah is said to have received another RM1.5 million from Saidi at Jalan Langgak Duta here on Sept 7, 2017.

Trial judge Zaini Mazlan has fixed May 12 for the parties to make oral submissions. - FMT