Finance Ministry official had put his foot down in telling Najib that solar project should not be considered
9.47am: Accused Rosmah Mansor enters the Kuala Lumpur High Court and takes a seat in the dock.
10.10am: Proceedings begin.
Also seen in court is lead DPP Gopal Sri Ram and other DPPs, as well as defence counsel Akberdin Abdul Kader, Jagjit Singh, Azrul Zulkifli Stork and other members of the defence team.
10.25am: The prosecution and defence verbally spar over a line of questioning on whether the minutes by then prime minister Najib Abdul Razak was to be followed religiously or not.
The disagreement between Sri Ram and Akberdin is over the latter’s question to the sixth prosecution witness, former Education Ministry secretary-general Madinah Mohamad.
Akberdin is cross-examining Madinah over a memo involving a letter from Jepak Holdings.
The memo allegedly raises concern over the termination of the generator set-linked contracts linked to schools in Sarawak as it may lead to the matter dragged to court and bring negative effect to the government, among others.
Sri Ram then stands up and asks what is the relevance of the question as the trial is not against Najib.
Akberdin counters that it was the prosecution who tendered the minutes in proceedings, arguing that the defence wishes to show that the minutes by Najib was not to be followed religiously.
Justice Mohamed Zaini Mazlan allows the question.
10.35am: The court hears about how a Finance Ministry (MOF) official, who headed its Government Acquisition Division (GAD) in 2016, had objected against Jepak’s proposal to carry out a RM1.25 billion solar hybrid project for 369 schools in Sarawak.
During defence’s cross-examination of Madinah, counsel Akberdin refers to two memos that were sent by Othman Semail, then GAD chief in 2016, to Najib.
In these memos, Othman had told Najib, who was also the finance minister at the material time, that the project should not be considered and could not be carried out due to government’s financial constraints.
The officer had written these memos to Najib despite the premier’s minutes stating his agreement for the project to be approved.
Shown with the documents, Madinah then agrees to a suggestion by the lawyer, that Othman had put his foot down in stating that the solar project should not be executed.
10.56am: Rosmah’s defence team informs the High Court that they have to address every point raised in the 150-page witness statement by Madinah.
“This is a 150-page paragraph witness statement. We are not delaying proceedings, but we are addressing every part. It is their (prosecution) witness statement,” Akberdin says.
11.05am: Akberdin shifts his line of questioning on Madinah to whether she had taken the initiative to advise Najib on the solar hybrid project.
Akberdin repeatedly queries the witness whether she had taken any initiative to meet Najib to tell him that the project should not be carried out.
The counsel also asks if Madinah had written to Najib to tell him about the challenges faced by the Education Ministry in processing Jepak’s proposal to carry out the project.
Madinah then tells the court that as a secretary-general, there was a hierarchy and it was not her place to directly approach Najib.
The witness testifies that she had informed the issues to the then education minister Mahdzir Khalid, who promised to bring it up to Najib’s attention.
Madinah also disagrees with Akberdin’s suggestion that it was unfair for her to come to court and accuse Najib as she never advised him on the project.
11.25am: Proceedings adjourn for a short break.
11.44am: Proceedings resume.
11.56am: The High Court allows the prosecution’s objection against the defence’s question over whether the sincerity of Najib in the minutes linked to the solar project would make it not an offence.
Zaini allows the objection by Sri Ram against a cross-examination question by Akberdin.
Akberdin is asking Madinah whether it would not have been an offence if Najib had made the two solar project-linked minutes with a sincere desire for the betterment of pupils in Sarawak schools.
At this juncture, Sri Ram objects, saying that amounts to a question of law and Zaini allows the objection.
Zaini also reminds Akberdin that the issue can be raised during submissions at the end of the prosecution stage of trial rather than now.
12.15pm: A heated verbal exchange between the prosecution and defence takes place as Akberdin starts to touch on a very personal matter of witness Madinah during cross-examination.
This happens when the counsel takes his line of questioning into asking Madinah how close she was with Rosmah.
Akberdin then begins going into details about a specific discussion between Madinah and Rosmah during an official trip overseas a few years ago.
At this juncture, Zaini starts querying the lawyer on the relevance of his question, but Akberdin says that he will show it to the court shortly.
The lawyer then continues with his line of questioning, starting to go deeper into details. He also apologises to Madinah, stating that he does not intend to humiliate her.
At this point, DPP Akram Gharib objects, questioning the relevance of what Akberdin was trying to do. Akram also mentions several sections in the Evidence Act, saying that the court shall forbid any question that intends to insult or annoy.
Sri Ram also weighs in, saying that Akberdin was insulting the witness.
“Most unbecoming of a counsel,” Sri Ram says.
Akberdin defends his action, saying that he only wants to show that Madinah and Rosmah had discussed personal matters.
The judge then makes a ruling, ordering Akberdin to directly ask his question without making a statement on the matter to the witness.
Zaini also orders for that the details Akberdin mentioned earlier to be expunged from the court’s record and tells members of the media to not report them.
Akberdin then rephrases his question to Madinah.
Akberdin: Tan Sri earlier agreed that you have had discussion with Datin Seri Rosmah. Agree that you have discussed about the personal problem with her?
Madinah: Yes.
12.30pm: The defence claims that Rosmah never asked Madinah to expedite the solar power project.
During Madinah’s cross-examination, Akberdin says according to Rosmah’s instructions, and as far as she remembers, she never told Madinah this.
Akberdin is referring to Madinah’s witness statement, where she claimed that during a Permata event that she does not remember the date, Rosmah had asked her to look into the solar project in relation to Jepak’s bid.
Akberdin: This is her (Rosmah’s) instructions. As far as she remembers and what she told MACC in the statement (recorded by MACC), at this Permata event where the date is not stated or even which one, she had never said this (to Madinah).
There is a possibility she did not issue this statement (to Madinah), as she told MACC.
Madinah: For me, it happened as I remembered. So, I disagree.
12.57pm: Court adjourns for a short break.
1.15pm: Proceedings resume.
1.45pm: Akberdin informs the court that he is done with cross-examination of Madinah.
Lead DPP Gopal Sri Ram then starts the prosecution’s re-examination of the witness.
1.58pm: The re-examination of Madinah is interrupted when two senior lawyers enter into a shouting match.
This happens when lead Sri Ram is questioning the witness on whether Rosmah had objected when her aide Rizal Mansor was introduced as her special officer.
Akberdin then raises his objection, saying that Sri Ram was giving the witness a leading question.
To this, Sri Ram tells the court that the incident he was referring to happened in Rosmah’s presence.
At this juncture, Jagjit stands up and objects to the question in a raised voice.
This appears to have irked Sri Ram, who turns his face to Jagjit and tells him not to shout.
“Do not shout at me!”
Jagjit, however, does not back down and shouts at Sri Ram on top of his lungs: “Because you are deaf!”
Following this, Zaini steps in and tells Jagjit to keep it civil.
2.10pm: Madinah is released from the witness stand after the prosecution finishes re-examination.
Zaini Mazlan then allows proceedings to adjourn for the day and to be continued tomorrow morning.
Earlier reports:
Feb 18, Rosmah’s Bribe Trial: Day Eight
Feb 18, Rosmah’s Lawyer Tears into Madinah’s Testimony
Feb 17, Rosmah’s Bribe Trial: Day Seven
Feb 17, Ex-Education Ministry Sec-Gen: Business Partners Fought over RM1.2B Solar Project
Feb 13, Rosmah’s Bribe Trial: Day Six
Feb 13, Mahdzir Denies Hiring Lawyer to Broker Deal with AGC
Feb 12, Rosmah’s Bribe Trial: Day Five
Feb 12, Rosmah’s Refusal to Leave Accused Dock During Lunch Break Prompts Early Adjournment
Feb 11, Rosmah’s Defence Alleges Mahdzir Private Jets to Macau, Spore, Perth to Gamble
Feb 11, Rosmah’s Defence Lawyer Paints Ex-Minister Mahdzir as Corrupt
Feb 10, Rosmah’s Bribe Trial: Day Three
Feb 10, Ex-Minister Tells Rosmah’s Trial: I Wasn’t Bribed, Simply Followed Najib’s Orders
Feb 6, Rosmah’s Bribe Trial: Day Two
Feb 6, Driver Delivered Bags of Cash to Rosmah’s House
Feb 6, Rosmah Allegedly Pressured Ex-Minister to Award Project to Jepak
Feb 5, Rosmah’s Bribe Trial: Day One
Feb 5, Rosmah’s Lawyer Cries Intimidation over MACC’s Probe of Doctor Who Issued MC
Feb 5, RM6M Bribe in RM100 Bills
Feb 5, Rosmah’s Controversial FLOM Division Rebranded After Public Criticism
Feb 5, DPP: Overbearing Rosmah Wielded Considerable Influence