They will make an application to admit a phone call audio clip between Rosmah and Najib as proof of character

by RAHIMI YUNUS / pic by BERNAMA

THE prosecution in Datin Seri Rosmah Mansor’s (picture) graft trial is seeking to admit an audio recording previously released by the Malaysian Anti-Corruption Commission (MACC) as evidence of the defendant’s “overbearing nature”.

The prosecution told the Kuala Lumpur High Court that they will make an application to admit a phone call audio clip between Rosmah and former Prime Minister (PM) Datuk Seri Mohd Najib Razak as proof of Rosmah’s character.

Judge Mohamed Zaini Mazlan fixed Oct 20 for hearing of the prosecution’s application and arguments by the defence.

The defence had previously objected to the audio clip being admitted as evidence, saying it amounted to character assassination.

In the opening of the trial, lead prosecutor Datuk Seri Gopal Sri Ram labelled the wife of the former PM as bossy, overbearing and capable of influencing decisions in the public sector despite not holding any official position.

In January, MACC released voice recordings comprising nine sets of conversations that allegedly involved Najib trying to cover up the 1Malaysia Development Bhd scandal.

One of the clips containing the popular “Can I advise you something” phrase, is widely believed to be a conversation between Rosmah and Najib regarding 1MDB.

Meanwhile, the defence yesterday described MACC investigating officer in Rosmah’s case, Noornabilah Mohd Azman, 30, who is a witness in the trial, as incompetent in handling the case.

Defence counsel Datuk Akberdin Abdul Kader said Noornabilah was “too passive” during cross-examination.

“Forgive me for saying you are so incompetent, you don’t seem to know anything, you are not contributing at all to the development of this case,” Akberdin said.

Noornabilah, the 23rd and last prosecution witness, had often replied “don’t know” or “not to my knowledge” each time she was questioned by the defence.

On Tuesday, Akberdin nearly lost his patience when Noornabilah kept asking the lawyer to repeat his questions.

At the start of yesterday’s proceeding, Judge Mohamed Zaini reminded the witness to pay attention to every question posed by the lawyer.

“You kept asking him (Akberdin) to repeat his questions yesterday (Tuesday). You are lucky he is a patient man, so listen to the questions carefully or he may lose his cool,” the judge said.

Another defence counsel, Azrul Zulkifli Stork, accused Noornabilah of failing to carry out the task entrusted to her when she only carried out the investigations targeting Rosmah.

Azrul: You never checked with the police or Bank Negara Malaysia about the existence of two black bags containing RM5 million and two black bags with orange linings filled with RM1.5 million (the bribe which Rosmah is alleged to have received).

Noornabilah: Not true (checked) with statements made by witnesses.

Azrul: So, you conducted investigations based on documents?

Noornabilah: Documents and witnesses’ statements.

During re-examination, deputy public prosecutor Ahmad Akram Gharib said Noornabilah was only an investigating officer for Rosmah and was not involved in investigations involving Jepak Holdings Sdn Bhd MD Saidi Abang Samsudin, former Education Minister Datuk Seri Mahdzir Khalid and Pekan Umno secretary Datuk Ahmad Aazmey Abu Talib regarding the solar hybrid case.

Ahmad Akram referred Noornabilah to a document containing a recording of Rosmah’s conversation during the MACC investigation, where the accused claimed she did not know Saidi and denied asking RM187.5 million from Saidi.

Ahmad Akram: In your investigation, did you find that Rosmah knew Saidi?

Noornabilah: Yes (she) knew. Saidi was introduced to Rosmah through Datuk Rizal Mansor (former aide to Rosmah) at her residence.

Ahmad Akram: Is there anything in your investigation that says Saidi had been to Rosmah’s house?

Noornabilah: There are pictures and video showing Saidi in Rosmah and Najib’s house in Langgak Duta.

Rosmah has been charged with soliciting RM187.5 million and two counts of receiving a total bribe of RM6.5 million from Saidi through Rizal concerning a solar system project worth RM1.25 billion.

She was alleged to have received RM5 million cash from Saidi at her official residence in Putrajaya on Dec 20, 2016, after the Education Ministry issued the letter of award to Jepak Holdings.

The RM1.25 billion project was proposed to replace the electric generator system in 369 rural schools in Sarawak with a solar hybrid.