Rosmah's defence in solar project graft case is simply a bare denial, contends prosecution

KUALA LUMPUR: The defence of Datin Seri Rosmah Mansor in the corruption case involving a solar hybrid project was a bare denial that has failed to create reasonable doubt in the case, says the prosecution.

This was said in a written submission by the prosecution at the end of the defence's case, which was filed at the High Court recently.

In the document sighted by The Star, it said the accused's defence could be summed up as Rosmah being the victim of a conspiracy which resulted in her being charged in court and that the real culprits were six of the witnesses, including her former aide Datuk Rizal Mansor, all of whom had testified against her.

"The defence is really a bare denial.

"First, the accused denies having instructed PW21 (Rizal) to solicit the bribe.

"The question then arises whether PW21 was sufficiently a political heavyweight to be able to make the demand off his own bat.

"Given the accused's pre-eminence and the fact that in her own words, she was 'sleeping with the PM (prime minister)', it is highly improbable that PW21 made the demand for himself," it said.

The prosecution also contended that it was highly improbable for PW21 to have simply used Rosmah's name to solicit the bribe.

It said Rosmah's use of Rizal to solicit the bribe was "consistent with her modus operandi", where she would use someone else to do her bidding such as having one Aizulhaimi Mohd Termizi lodge a police report on her behalf.

Rosmah's demeanour in the witness box also did not escape the prosecution when it submitted that her combative attitude during the trial confirmed PW21's evidence of what had transpired.

"During cross-examination, the accused at one stage said that she is not a fool.

"The prosecution respectfully agrees.

"It is precisely because she is not a fool that she used PW21 to solicit the gratification. She is far too clever and wily to make the demand herself," the prosecution said.

It further submitted that from Rosmah's demeanour, there was no doubt that she did indeed instruct PW21 to make the demand for the bribe and that she did in fact receive the two sums – RM1.5mil and RM5mil – in question.

"Perhaps the best way to describe her is a person whose path is not to be crossed.

"And woe to the person who dares cross it," it added.

On Feb 18 last year, the High Court ordered Rosmah to enter her defence on all three corruption charges involving the solar hybrid project for 369 rural schools in Sarawak after finding that the prosecution had succeeded in proving a prima facie case against her.

Rosmah, 70, is facing one charge of soliciting RM187.5mil and two charges of accepting bribes amounting to RM6.5mil from the former managing director of Jepak Holdings Sdn Bhd, Saidi Abang Samsudin.

The bribe was allegedly received through Rizal as a reward to help Jepak Holdings obtain the Integrated Solar Photovoltaic (PV) Hybrid System Project as well as genset/diesel maintenance and operations for 369 schools worth RM1.25bil through direct negotiations from the Education Ministry.

A total of 23 witnesses testified for the prosecution while the defence called two witnesses including Rosmah herself.

Oral submissions have been fixed for April 5 before Justice Mohamed Zaini Mazlan.