KUALA LUMPUR — Datin Seri Rosmah Mansor’s defence in her corruption case pertaining to the solar energy project for 369 rural schools in Sarawak is a bare denial and failed to rebut the presumption of corrupt intention, said the prosecution.
The prosecution said it has proved its case on all three charges beyond a reasonable doubt against Rosmah, who is the wife of former prime minister Datuk Seri Najib Tun Razak.
“The defence case may be summarised as follows that the accused (Rosmah) is the victim of a conspiracy which has resulted in her being charged and the real culprits are Datuk Rizal Mansor, Datuk Seri Mahdzir Khalid, Tan Sri Madinah Mohamed, Datuk Seri Alias Ahmad, Rayyan Radzwill Abdullah and Saidi Abang Samsudin, who were the prosecution witnesses which testified against Rosmah.
“Rosmah’s witness statement and her evidence during re-examination comprised of a virulent and scathing attack on the counsel leading the prosecution and upon the foregoing witnesses,” the prosecution said in its written submission filed at the High Court here on March 4.
It further said the accused’s defence to each of the charges is one of a bare denial and failed to create a reasonable doubt to the truth of the prosecution case.
The prosecution said Rosmah had denied having instructed her former aid Rizal to solicit the bribe and the question then arises whether Rizal was a sufficient political heavyweight to be able to make the demand off his own bat.
“Given the accused’s pre-eminence and given the fact that in her own words she was ‘sleeping with the PM’, it is highly improbable that Rizal made the demand for himself. The accused also suggests that Rizal used her name to solicit the bribe. The fact that the accused used Rizal to solicit the bribe is consistent with her modus operandi,” it said.
In the submission at the end of the defence case, the prosecution said there was no reason whatsoever for star witnesses Rayyan Radzwill and Saidi to make up the case against the accused.
“Why would Rayyan Radzwill, Saidi and Rizal conspire to ‘fix up’ the accused? The accused says that these witnesses were all wrongdoers. And to escape the consequences of their wrongdoing they pointed their finger at her. Given the totality of the circumstances, this version of the accused borders from the sublime to the ridiculous.
“And the point is brought home to finality by the evidence of the manner in which the RM1.5 million was collected from the bank and delivered to the accused. What transpired upon that occasion as described by Saidi puts paid to any suggestion that he cooked up a story to implicate the accused,” the prosecution said, adding that it has proved the charge of solicitation beyond a reasonable doubt.
On Feb 23, the defence closed its case after calling two witnesses, Rosmah and former director of First Lady of Malaysia (FLOM) division, Datuk Seri Siti Azizah Sheikh Abod.
High Court Judge Mohamed Zaini Mazlan set April 5 for hearing an oral submission from both the prosecution and defence.
On Feb 18 last year, Rosmah, 70, was ordered to enter her defence on the three charges after the prosecution succeeded in proving a prima facie case against her.
She faces one charge of soliciting RM187.5 million and two counts of receiving bribes totalling RM6.5 million from Jepak Holdings’ former managing director Saidi.
The bribes were allegedly received through Rizal, as a reward for helping Jepak Holdings secure the Hybrid Photovoltaic Solar System Integrated Project as well as the maintenance and operation of diesel generator sets for 369 Sarawak rural schools worth RM1.25 billion from the Education Ministry through direct negotiation.