KUALA LUMPUR (Jan 10): The defence in Datin Seri Rosmah Mansor's solar hybrid graft trial informed the court that they had decided not to call her husband, former prime minister Datuk Seri Najib Razak, as a defence witness.

Rosmah earlier arrived wearing a red and white floral baju kurung at about 9.52am at the court complex on Monday (Jan 10).

The matter, meanwhile, was informed by Rosmah's lead counsel Datuk Jagjit Singh to High Court Judge Mohamed Zaini Mazlan.

“After a brainstorming session on Saturday until the late hours on Sunday, the defence has elected not to call Najib as the third witness as his evidence is primarily corroborative in nature.

“When the defence is called, we have to be cautious as the evidence is corroborative in nature as it has already been established. We made a decision and do not intend to call him as our third witness,” Jagjit added.

The senior lawyer apologised to Justice Zaini for announcing the decision only on Monday before the proceedings started.

Jagjit said that the court would have to wait until Feb 4, where former First Lady of Malaysia (FLOM) department head Datuk Seri Siti Azizah Sheikh Abod will be cross-examined.

Siti Azizah, who was called on Dec 24, is presently performing her umrah and as a result the present case would only resume on Feb 4.

There are only two witnesses who have testified in Rosmah's defence, namely Rosmah herself and Siti Azizah.

Senior Deputy Public Prosecutor Datuk Seri Gopal Sri Ram said the prosecution had not much to say over the defence's application not to call Najib as a witness as it is the prerogative of the defence to do so.

However, Sri Ram, who was formerly a Federal Court judge, added that there is a matter which the prosecution would have to address — over the marking of a document as evidence regarding Rosmah's issue that was raised in this trial regarding her statement given in her money-laundering case.

Najib's lead counsel Tan Sri Muhammad Shafee Abdullah was also present in Monday's proceedings.

It was understood that the discussion over the weekend took place with Shafee, where they decided at the eleventh hour not to call Najib despite the fact that the former premier’s 65-page witness statement was already tendered in court and given to the prosecution.

As Najib will not be testifying, the witness statement would not be used as part of the court's records.

With this, Justice Zaini said the court had to vacate this week's trial dates for the solar hybrid graft case.

However, Rosmah's money-laundering trial — which the judge is also presiding over — is still slated to begin on Wednesday.

Sri Ram, who is also prosecuting Rosmah in the money-laundering case, has asked for proceedings to begin at 2.30pm on Wednesday.

For the solar hybrid case, Rosmah is on trial for three graft charges, namely soliciting 15% or RM187.5 million over the solar hybrid project that cost RM1.25 billion for 369 rural schools in Sarawak.

She also faces two charges of receiving bribes totalling RM6.5 million from former Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin through her former aide Datuk Rizal Mansor for her help to secure the solar hybrid project.

She is alleged to have received the money between December 2016 and September 2017, firstly at the former premier's official residence in Putrajaya and then her home in Jalan Langgak Duta.

As for the money-laundering and tax evasion case, Rosmah is facing 17 charges over some RM7.1 million that was transferred into her Affin Bank account between 2013 and 2017.

The 17 charges are framed under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.