PUTRAJAYA: The Court of Appeal has allowed the prosecution's application to stay the execution of a court order that allowed Datin Seri Rosmah Mansor to adduce new evidence in her appeal involving the solar hybrid project in Sarawak.
A three-judge panel, chaired by Justice Azhahari Kamal Ramli, made the order during mention here on Thursday (Sept 17).
"As agreed by both parties, we allow the stay of a court order dated Sept 1 pending the disposal of an appeal relating to that order at the Federal Court," he said.
The appellate court also postponed the hearing of Rosmah's main appeal in the solar case, which was scheduled to begin on Oct 14.
"The appeal hearing which was fixed for October is also vacated. Parties are required to update the status of the case to the High Court (where the additional new evidence should be heard and recorded) as soon as the Federal Court's decision is obtained," Justice Azhahari said.
Other judges on the panel were Justices Dr Choo Kah Sing and K. Muniandy.
On Sept 1, another panel of the Court of Appeal allowed Rosmah's application to adduce new evidence from a key prosecution witness, Rayyan Radzwill Abdullah, which includes a police report, a supporting affidavit and a statutory declaration.
The panel instructed Rayyan's testimony to be recorded by the High Court.
At the outset of the proceedings today, deputy public prosecutor Mohd Asnawi Abu Hanipah informed the court that parties involved have discussed and the defence would not be objecting to the prosecution's stay application.
He said the prosecution had, on Sept 4, filed a notice of appeal against the Sept 1 court order and that the prosecution was seeking a case management date.
Also appearing for the prosecution were DPPs Datuk Ahmad Akram Gharib and Mohamad Mustaffa P Kunyalam.
Meanwhile, Rosmah's lawyer Datuk Amer Hamzah Arshad concurred that the defence had no objection to the stay application.
"There was a serious discussion on this application. The prosecution themselves have guaranteed that they would expedite the appeal proceedings at the Federal Court, therefore we do not object," he said.
On Sept 1, 2022, the High Court convicted Rosmah of three charges under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
She was found guilty of one charge of soliciting RM187.5mil and two charges of accepting bribes – RM1.5mil and RM5mil – from former managing director of Jepak Holdings Sdn Bhd, Saidi Abang Samsudin.
The bribe was received through her former aide Datuk Rizal Mansor as a reward to help Jepak Holdings obtain the Integrated Solar Photovoltaic Hybrid System Project as well as genset/diesel maintenance and operations for 369 schools worth RM1.25bil through direct negotiation from the Education Ministry.
Rosmah was sentenced to 10 years’ imprisonment for each charge and fined RM970mil, in default of 10 years’ imprisonment.
The Court of Appeal granted her a stay of execution pending the disposal of her appeal against the conviction and sentence.
