The Attorney-General’s Chambers (AGC) will appeal against the Court of Appeal’s decision allowing Datin Seri Rosmah Mansor to introduce additional evidence in her RM1.25 billion Sarawak solar hybrid project corruption case.
Attorney-General Tan Sri Mohd Dusuki Mokhtar confirmed the move when contacted today.
“We will file the notice of appeal as soon as possible,” he said in a WhatsApp message to the New Straits Times.
The decision follows the Court of Appeal’s ruling on Sept 1 allowing Rosmah’s application to adduce fresh evidence involving prosecution witness Rayyan Radzwill Abdullah, the 16th prosecution witness in the trial.
A three-member bench chaired by Datuk Azhahari Kamal Ramli found that Rosmah had established a prima facie case for the admission of the additional evidence. The other members were Datuk Dr Choo Kah Sing and K. Muniandy.
In delivering the ruling, Choo said the appellate court was not required at that stage to determine whether Rayyan’s latest account was true, as his credibility could be tested through cross-examination.
The evidence includes allegations that Rayyan was subjected to prosecutorial pressure during the trial, a statutory declaration and newly recovered WhatsApp communications. It also relates to allegations that his statement recorded under Section 112 of the Criminal Procedure Code had been suppressed.
The Court of Appeal held that, if accepted as true, the fresh evidence could materially affect the factual findings made by the trial judge and potentially change the evidential basis of Rosmah’s conviction.
The court ordered that the additional evidence be taken before a different High Court judge within two weeks. Rayyan will be recalled to testify and will undergo cross-examination and re-examination.
Rosmah is appealing against her conviction and sentence over the solar hybrid project involving 369 rural schools in Sarawak.
On Sept 1, 2022, the High Court convicted her on three corruption charges and sentenced her to 10 years in prison and fined her RM970 million.
She was found guilty of soliciting RM187.5 million from former Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin, through her former aide Rizal Mansor, as an inducement to assist the company in securing the project.
Rosmah was also convicted of receiving RM5 million from Saidi through Rizal at Seri Perdana in Putrajaya on Dec 20, 2016, and a further RM1.5 million at Jalan Langgak Duta on Sept 7, 2017.
Her prison sentence and fine have been stayed pending the outcome of her appeal.
