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PUTRAJAYA: The Court of Appeal today (Sept 17) allowed the prosecution’s application to stay the hearing of additional evidence from a key prosecution witness in Datin Seri Rosmah Mansor’s corruption case involving the RM1.25 billion Sarawak solar hybrid project.
A three-member panel led by Datuk Azhahari Kamal Ramli granted the application after Deputy Public Prosecutor (DPP) Mohd Asnawi Abu Hanipah informed the court that Rosmah did not object to the request.
“With the consent of both parties, we allow the application to stay the Court of Appeal’s order dated Sept 1 until the prosecution’s appeal is disposed of by the Federal Court.
“We hope the parties will inform the High Court of the Federal Court’s decision as soon as it is delivered to facilitate case management at the High Court.
“The court has fixed Oct 7 for case management via e-Review and vacated the hearing for the main appeal originally scheduled for this October,” said Azhahari, who sat with Judges Datuk Dr Choo Kah Sing and K. Muniandy.
On Sept 1, the Court of Appeal allowed Rosmah’s application to adduce additional evidence in her appeal against her conviction and sentence.
The panel subsequently ordered that the additional evidence involving the 16th prosecution witness, businessman Rayyan Radzwill Abdullah, be heard before a High Court judge.
Earlier, Mohd Asnawi said today’s proceedings had initially been fixed for the hearing of the application to stay the execution of the High Court order.
“However, this morning, the parties held discussions, and we were informed that the respondent does not object to the application to stay the execution of the previous court order until the prosecution’s appeal at the Federal Court is heard and decided.
“For the court’s information, we filed a notice of appeal on Sept 4,” said Mohd Asnawi, who is handling the case with Deputy Public Prosecutors Datuk Ahmad Akram Gharib and Mohamad Mustaffa P Kunyalam.
Lawyer Datuk Amer Hamzah Arshad, representing Rosmah, confirmed that the defence did not object to the application.
“I confirm that there have been serious discussions regarding this application. Given that the new evidence involves a key witness in the case and the prosecution itself has given an assurance that it will expedite the appeal proceedings at the Federal Court, we have no objection.
“In the interest of both parties, it is appropriate for the appeal at the Federal Court to be heard and decided first,” he said, adding that the parties would attend the High Court proceedings this afternoon to update the court on the status of the appeal at the Court of Appeal.
Rosmah, 74, had applied to adduce additional evidence comprising a police report and a statutory declaration affirmed by businessman Rayyan Radzwill Abdullah.
In the statutory declaration, Rayyan Radzwill alleged, among other things, that he was pressured by the prosecution during the trial, and presented documentary material challenging the credibility of his testimony.
On Sept 1, 2022, the High Court convicted Rosmah of three corruption charges under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
She was found guilty of soliciting RM187.5 million and receiving RM6.5 million from former Jepak Holdings managing director Saidi Abang Samsudin through her former aide, Datuk Rizal Mansor.
The gratification was an inducement for Rosmah to assist Jepak Holdings in securing a RM1.25 billion hybrid solar project from the Ministry of Education to supply electricity to 369 rural schools in Sarawak.
Rosmah was sentenced to 10 years in prison for each charge, to run concurrently, and fined RM970 million. She was granted a stay of execution pending her appeal. — BERNAMA
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