This article first appeared in The Edge Financial Daily on February 12, 2020

KUALA LUMPUR: The defence in Datin Seri Rosmah Mansor’s graft trial has accused former education minister Datuk Seri Mahdzir Khalid of cutting a deal with senior Deputy Public Prosecutor (DPP) Datuk Seri Gopal Sri Ram and Attorney-General Tan Sri Tommy Thomas to implicate Rosmah so that he would not face corruption charges.

Senior lawyer Datuk Jagjit Singh for Rosmah at the High Court said Mahdzir’s lawyer, one Datuk Vignesh, helped the former minister strike a deal with Sri Ram as they knew each other.

He alleged that after there were reports Mahdzir was questioned by the Malaysian Anti-Corruption Commission (MACC) and would be charged soon, the witness ordered his lawyer to cut a deal for him.

The former education minister rejected this suggestion.

Jagjit added that the MACC’s evidence against the former minister was overwhelming, and there were at least two charges to be laid out against him.

“I put it to you that even the MACC was not satisfied that the charges against you are dropped, when in turn in the charge against Rosmah was not strong,” the lawyer alleged further.

Mahdzir again disagreed.

Rosmah’s defence claimed that Mahdzir had initially sought RM60 million in kickbacks, in RM1 million paid over 60 months, which was later upped to RM200 million — in return for granting the RM1.25 billion solar hybrid project to Jepak Holdings Sdn Bhd, which the witness denied.

As Jagjit was making this suggestion, DPP Ahmad Akram Gharib objected to the line of questioning towards Mahdzir, citing the Evidence Act 1950, in which the lawyer cannot simply accuse a witness.

Ahmad Akram further asked whether Vignesh would be called by the defence, to which Jagjit responded that this is the prosecution stage and no defence is called yet.

“Hence, the defence is entitled to ask the question,” he added.

High Court Justice Mohamed Zaini Mazlan allowed him to continue.

Jagjit: I put it to you that you were offered not to be charged when there was overwhelming evidence against you in order to implicate the accused (Rosmah).

Mahdzir: I disagree.

Yesterday, the former minister shot down the defence’s suggestion that he was paid RM50,000 while on holiday with his family in the UK.

Mahdzir is the fifth witness testifying in Rosmah’s solar hybrid trial which entered its fourth day yesterday.

Rosmah is charged with soliciting RM187.5 million from Jepak Holdings managing director Saidi Abang Samsudin between January and April 2016 and allegedly receiving RM5 million and RM1.5 million in 2016 and 2017.

Throughout the cross-examination, the defence continued to bring up the purported RM60 million sought by Mahdzir in a bid to discredit the witness.

On another question by Jagjit during cross-examination, Mahdzir agreed that proper procedures were not followed in the ministry issuing the surat setuju terima (SST) (letter of acceptance) to Jepak Holdings in late 2016.

The former minister replied that this was due to then-prime minister Datuk Seri Najib Razak — Rosmah’s husband — seeking his quick approval of the project, despite his objections.

The former minister denied Jagjit’s suggestion that this evidence was a total fabrication.

He further denied that the SST was issued only after he was assured of getting the RM60 million that he sought.

The witness disagreed further that he did not bring up the matter that Jepak should not be given the SST because he was assured of the RM60 million and reiterated he was following the Najib’s orders to hasten the issuance of the letter.

Mahdzir will continue to be cross-examined today.