This article first appeared in The Edge Financial Daily on November 16, 2018
KUALA LUMPUR: Datin Seri Rosmah Mansor, the wife of former prime minister Datuk Seri Najib Razak, and her ex-aide claimed trial yesterday to soliciting and accepting bribes for allegedly helping a company secure a RM1.25 billion solar hybrid project for rural schools.
The project — awarded by the education ministry via direct negotiation to Bintulu-based Jepak Holdings Sdn Bhd in January 2017 — was for the installation of solar photovoltaic panels in 369 schools in rural Sarawak, as well as for the operation and maintenance of diesel generators in the schools.
Rosmah, 66, was slapped with two charges in the Sessions Court of soliciting and receiving bribes from Jepak as a reward for helping the company secure the megaproject.
Her former aide Datuk Rizal Mansor, meanwhile, faces four charges of soliciting money for her and for himself, as well as receiving bribes — all in relation to the project.
Clad in a baju kurung, Rosmah was accompanied by Najib as well as their son Norashman at the Courts Complex in Jalan Duta yesterday. The couple was stopped several times on the way out by supporters who came to offer moral support, and eventually took their time to chat, take pictures and show affection.
The two new charges against Rosmah bring to 19 the total number of charges she is facing. On Oct 4, she claimed trial to 17 charges under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 for receiving some RM7.1 million in her personal bank account.
Under the first of the two new charges, Rosmah is accused of soliciting, through Rizal, a sum of RM187.5 million (representing 15% of the Sarawak project’s contract sum) from Jepak managing director Saidi Abang Samsudin for assisting the company in obtaining the contract. The offence was allegedly committed between March and April 2016 at the Sunway Putra Mall.
Under the second charge, Rosmah is accused of receiving a bribe of RM1.5 million from Saidi on Sept 7, 2017, also for helping Jepak secure the contract.
Both charges were read in front of Judge Azman Ahmad, who later set Dec 10 as the next mention date for the case.
Rosmah was represented by a seven-member defence team, comprising veteran criminal lawyer Datuk K Kumaraendran, as well as Datuk Geethan Ram Vincent, Rajivan Nambiar, Reza Rahim, Lavinia Raja, Azrul Zulkifli Stork and Iskandar Shah Ibrahim.
The prosecution team was led by deputy public prosecutors (DPPs) Datuk Umar Saifuddin Jaafar and Mohd Muhkzany Fariz Mohd Mokhtar.
Rizal, 44, was charged separately and he pleaded not guilty to the four charges before Judge Rozina Ayob.
The first charge is that he solicited from Saidi the RM187.5 million on behalf of Rosmah, and the second is that he received from Saidi a bribe of RM5 million — also on Rosmah’s behalf — on Dec 20, 2016.
Charges three and four against Rizal were for soliciting from Saidi RM25 million between March and April 2016, as well as receiving RM500,000 on Dec 23, 2016 — for himself — for “ensuring” that Rosmah helps Jepak secure the project.
Rizal was represented by lawyer Ridha Abdah Subri, while DPP Kamal Baharin Omar prosecuted.
Kamal requested that the court hear Rizal’s case jointly with that of Rosmah’s. Judge Rozina responded by instructing the DPP to submit a written application before the next case mention date of Nov 29.
All the charges against Rosmah and Rizal yesterday fell under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009. Each provides for a jail term of up to 20 years, as well as a fine of RM10,000 or a minimum of five times the gratification sum, whichever is higher.
The duo were separately granted RM1 million bail each, half of which was paid yesterday and the remaining RM500,000 to be paid by Nov 22. Both were also instructed to surrender their passports to the court.
Rizal was also instructed by the judge not to disturb any witnesses involved in the prosecution.
The education ministry is reported to have terminated the contract awarded to Jepak, which has been described as a car-rental company. At the time, Saidi reportedly said that the solar panels had not been installed because the project’s prototypes were still pending approval from the relevant authorities.
Rizal, whose official post was that of a special officer to Najib, was previously remanded by the MACC in July to assist in investigation into alleged misappropriation in relation to the Sarawak project. He was allowed bail of RM16,000 by the magistrate’s court at the time after being remanded for six days.