DEBUNKED

Rosmah’s Bribe Trial: Day 13

Chris Chan

March 11, 2020

910

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Rosmah asked MOE’s ex-sec-gen when the contract with Jepak would be signed as without it progress payments could not be made.

9.50am: Accused Rosmah Mansor enters the witness dock.

Former Education Ministry secretary-general Alias Ahmad, the twelfth witness, is waiting in the witness stand.

9.58am: Court is in session.

10.27am: Alias testifies that he had received via WhatsApp, a letter from Jepak Holdings to then-prime minister Najib Abdul Razak.

The letter contained minutes for Alias from Najib, which read: “Request approved, please pay the advance immediately.”

This is regarding Jepak’s request for a RM130 million advance for the solar hybrid project.

Alias says he then instructed then-Education Ministry asset acquisition and management department secretary Kamarudin Abdullah to take immediate action.

However, the Finance Ministry would go on to reject the RM130 million advance, saying only 25 percent or RM10 million can be paid in advance, whichever is higher.

10.45am: Alias tells the court that Rosmah’s former aide Rizal Mansor had contacted him asking that the payments to Jepak Holdings be sped up.

Alias says he is unsure if this referred to advance payments or works payments.

Alias says he explained to Rizal the problems regarding the matter and believed the latter was asking on behalf of Rosmah.

10.50am: Alias testifies he had a conversation with Rosmah – the date of which he could not recall – where she had asked him about the advance payment to Jepak and when it could be made as the company could not operate without it.

He says that he informed her that the advance could not be paid as the insurance company Jepak had engaged was not licensed.

Alias adds that Rosmah also asked him when the contract with Jepak would be signed as without it progress payments could not be made.

He informed her that Jepak had not prepared a draft contract to be reviewed by the Education Ministry.

The conversation ended there, he says.

Alias adds that he took Rosmah’s queries seriously as she was the prime minister’s wife and thus, instructed his officers to find a way to solve the problems involving payments to Jepak and the preparation of the contract.

11.20am: Court takes a short break after Alias finishes reading his witness statement.

11.35am: Proceedings resume.

11.52am: Defence counsel Akberdin Abdul Kader grills Alias why the letter of award (LoA) for the solar panel project clashes with the Finance Ministry’s decision on Nov 1 not to allocate an additional RM461.2 million.

The additional allocation had been requested by Alias’ predecessor Madinah Mohamad.

Akberdin says the LoA states an amount inclusive of the rejected additional allocation.

Alias replies that the Finance Ministry letter on Nov 1 also states that the project can proceed based on the ministry’s annual budget.

Akberdin keeps pressing Alias on approving an LoA which contradicts the Finance Ministry’s decision, which the former Education Ministry secretary-general denies.

After a few rounds of this Alias tells the court that he did not write-up the LoA.

He had stated in his witness statement earlier that he was unsure if he was involved in drafting the LoA but had seen it weeks after it was signed by then-education minister Mahdzir Khalid.

Akberdin: You are lying, you know about this LoA…according to the Finance Ministry circular, the one who should prepare an LoA is the supervising officer (secretary-general).

Alias: I agree (that is what the circular states), but that is not what happened.

After being accused of lying several more times, Alias tells the court that there is a system in the ministry in which he delegates to his deputy and others as he can’t control the ministry “100 percent”.

“If they (my deputy and officers) don’t come to me, I won’t know what happens,” he says.

12.20pm: Akberdin questions why a price negotiation committee was only set up after the letter of agreement (LoA) for Jepak was issued.

The lawyer says the committee should have been set up before the letter was issued, as per Finance Ministry guidelines, to which Alias agreed.

Alias, however, says he has an explanation.

The witness is expected to give this explanation later when he is re-examined by the prosecution.

Akberdin then accuses Alias of abusing his power by removing a clause in the LoA which that would allow the government to terminate works and make deductions from any unfinished works.

Alias denies this.

Yesterday, Kamarudin said the clause was removed on instructions from Mahdzir.

12.30pm: Akberdin brings Alias’ attention to a letter from Jepak to Najib on Jan 5, 2017.

The letter sees Jepak asking Najib for immediate approval for the Education Ministry to issue an acceptance letter for the solar panel project.

It contains minutes annotated by Najib instructing Alias to: “Please monitor the implementation of this project and follow procedures so that it doesn’t affect students’ studies.”

The words follow procedures are underlined.

The letter was forwarded to Alias, with an attached cover letter from the Prime Minister’s Department dated Jan 16, 2017, which notes that the minutes were written on the same day.

Alias, however, says he has never seen this letter, and that there is no stamp from his office marking that he received it.

Akberdin accuses him of lying. He says the documents were provided by Alias’ office to the MACC and was then supplied to the court, and the defence tendered it.

Alias insists he did not receive the letter.

12.40pm: Akberdin says the letter from Jepak to Najib on Jan 5, 2017, contains a request for Alias to be appointed as the permanent chairperson of Tender Board A, which would oversee the solar panel project.

Jepak also asked that Alias be given absolute power to make decisions on the project without interference and to implement the contract.

Akberdin then asks if Alias, who denied knowledge of the letter, if he knows Jepak managing director Saidi Abang Samsudin.

Akberdin: Do you know Saidi?

Alias: No.

Akberdin: Have you played golf with him?

Alias: No.

Akberdin: At Bintulu golf course?

Alias: Only at Tropicana Golf course.

Akberdin: At Bintulu?

Alias: No.

Akberdin: Have you played golf with him overseas?

Alias: Not even once.

Akberdin: If you don’t know him, are not close to him, why is he asking for you to be given absolute power.

It is not clear if Alias’ answer about playing golf at Tropicana meant that he himself has only played there, or if he had played with Saidi there.

12.45pm: Court breaks for lunch.

2.30pm: Court is back in session.

Akberdin resumes with the cross-examination of Alias.

3pm: Akberdin puts it to Alias Ahmad that whatever instructions that were issued by the prime minister, it is the responsibility of the respective government agencies through its supervising officers to make sure that implementations follow procedures.

Alias agrees with Akberdin.

Akberdin then puts it that in the solar project’s case, there was gross negligence when the project did not go through value management as required by procedures before the letter of agreement was issued.

Alias also agrees to this.

3.40pm: Akberdi puts it to Alias Ahmad that setting up a procurement management committee after the letter of agreement (LoA) was issued to Jepak was pointless.

Alias agrees but says that he had been advised by his deputy at the time to still set up the committee to oversee matters such as the structure to the solar panel project.

Akberdin then berates Alias for not being in charge as the supervising officer and being a laughing stock to the Finance Ministry, which had continuously objected to Alias’ requests for advance payments and special exemptions to procurement procedures.

Alias says he is not “maksum” (free from mistakes) and that his officers who had more experience should have advised him.

However, he maintains issuing the LoA was not his fault.

3.47pm: Court breaks for a brief recess.

3.56pm: Proceedings resume.

4.15pm: Court is adjourned until tomorrow morning, where Akberdin will continue cross-examining Alias.

Earlier reports:

Mar 10, Rosmah’s Bribe Trial: Day 12

Mar 9, Rosmah’s Bribe Trial: Day 11

Mar 9, Rosmah’s Ex-Aide Rizal Mansor Now in Witness Protection

Feb 20, Rosmah’s Bribe Trial: Day Ten

Feb 20, Witness Tells Rosmah’s Trial Jepak MD Gave RM5 Million to “RM”

Feb 19, Rosmah’s Bribe Trial: Day Nine