ROSMAH Mansor’s graft trial this afternoon was postponed after her lawyer informed the Kuala Lumpur High Court that his client was not well and was ordered by doctors to rest.
Lead defence council Jagjit Singh furnished the court with the medical report but requested the court not to read out the nature of the sickness as it would be “very embarrassing to reveal the illness of a person”.
“Datin Seri Rosmah is unwell. We have furnished your lordhip with a copy of the medical report dated February 2,” Jagjit told judge Mohamed Zaini Mazlan.
The 69-year-old Rosmah is accused of three counts of corruption amounting to hundreds of millions of ringgit involving a solar hybrid project to provide electricity to 369 rural schools in Sarawak.
She allegedly solicited for a RM187.5 million bribe from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin, through her then aide Rizal Mansor.
Lead prosecutor Gopal Sri Ram chose, however, to read out the medical report in court which stated that Rosmah was diagnosed with cervical spondylosis and osteoarthritis on both knees and chronic adrenal.
Gopal followed that with a remark that he, too suffered from the two illnesses. He next alleged that Rosmah was using the medical certificate (MC) to avoid attending court.
Gopal said the medical certificate could not be accepted as it was not certified by a government doctor, adding that Rosmah’s unwillingness to attend court showed that she should be imprisoned.
“We regard this as a last-minute attempt to avoid attending court. We see this as an act of bad faith.
“Her only problem is, I think, she suffers from an overdose of publicity and wealth.
“Unless she is examined by a government doctor, we cannot accept this (medical report). I think her unwillingness to attend court warrants her to be kept in prison because if she is kept in prison, she is more likely to attend,” Gopal said.
The lead prosecutor added he would have accepted the reason if there had been early notice that Rosmah was suffering from chronic adrenal insufficiency for the last five years as indicated in the report.
Jagjit argued that he has never heard such a presentation from the prosecution, saying the defence could not give early notice as sickness was unpredictable.
“I do sympathise with my learned friend who suffers from a lot of medical problems but for him to take an extreme stand to revoke bail and keep the accused in prison…
“Frankly in my short tenure, I’ve never heard such a presentation from the prosecution and coming from my learned friend, honestly shocks me. Because we prosecute, we defend, we do not get personal.
“My learned friend mentioned we should have given early notice. Nobody likes to fall sick and nobody can give notice (and say) I am going to fall sick next week,” Jagjit told the court adding that the medical conditions flare up from time to time.
On the argument that a government doctor needed to certify the medical documents, which judge Zaini also highlighted, Jagjit said that there were no such provisions for that.
“As far as I know, there is nowhere in the provisions (stating) that it need to be certified by a government doctor. If it can be shown, I will then bow to that knowledge. But to my knowledge, the form can be signed by any doctor,” said Jagjit.
The judge said he was sympathetic towards Rosmah and her medical condition but said he would not adjourn the case too long. He then ordered that the case be resumed on Wednesday.
The judge also suggested to Jagjit that he would even accommodate Rosmah if she came in a wheelchair and would grant her a break whenever she required one.
“I am most sympathetic to your client, rest assured I will be very sympathetic to her condition but I am also constrained not to adjourn longer than necessary.
“I will allow today and tomorrow to be vacated, the trial will start on Wednesday.
The trial will begin on Wednesday at 10am. – February 3, 2020.
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