AGC applies for transfer of Rosmah's second solar hybrid system bribery case to High Court

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KUALA LUMPUR (April 30): The Attorney General's Chambers has filed an application to transfer Datin Seri Rosmah Mansor's second bribery case to the High Court from the Sessions Court. The case involves the alleged receipt of RM5 million in relation to the solar hybrid system project.

Rosmah, who is the wife of former premier Datuk Seri Najib Razak, pleaded not guilty to the second bribery charge in connection with the implementation of the solar hybrid system project for rural schools in Sarawak when she was charged in the Sessions Court on April 10.

The case was called up for mention before High Court deputy registrar Mahyudin Mohmad Som today.

Deputy Public Prosecutor Poh Yih Tinn told theedgemarkets.com that the prosecution had made the application on April 23 on the basis that the first bribery case faced by Rosmah had been transferred to the High Court.

Therefore, this case should be transferred to the High Court too as they share facts which meet the "same transaction" requirement under Section 165(1) of the Criminal Procedure Code, he explained.

Poh further explained that in the second bribery case, Rosmah was charged for an offence under the Malaysian Anti-Corruption Act 2009 (MACC Act 2009).

"In the first solar case which has been transferred to the High Court, Rosmah was charged for offences under the MACC Act too.

"Under the MACC Act, if same accused (person) is charged for offences under the MACC Act, those offences can be tried together in one trial. So, this case should be transferred to the High Court (in order) for both cases to be consolidated," he added.

Poh agreed that the prosecution wants all four cases — Rosmah's first and second solar project bribery charges besides the 17 charges against her under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 as well as her former aide Datuk Rizal Mansor's solar project graft case — to be tried together before the same High Court as they involve the same subject matter.

On Nov 15 last year, Rosmah pleaded not guilty to two counts of receiving bribes, totalling RM1.5 million, in the implementation of the project to supply and install solar energy at 369 rural schools in Sarawak two years ago.

On the same day, Rizal, 46, pleaded not guilty to four counts of soliciting and accepting bribes for himself and Rosmah, amounting to RM5.5 million, involving the supply of equipment and installation of the solar hybrid system for rural schools in Sarawak.

They were charged under Section 16(a)(A) of the MACC Act 2009, and face imprisonment for up to 20 years and a fine of not less than five times the amount of the gratification or RM10,000, whichever is higher, upon conviction.

Rosmah was subsequently slapped with another count for receiving a RM5 million bribe in connection with the same project on April 10.

On the money laundering case, Rosmah pleaded not guilty to the 17 charges over some RM7.1 million allegedly transferred into her personal bank account between 2013 and 2017.

Counsels Datuk Akberdin Abdul Kader and Datuk Jagjit Singh appeared on behalf of Rosmah today.