ROSMAH Mansor’s defence team accused witness and former Education Ministry secretary-general Alias Ahmad of having vested interests in the solar hybrid project at the centre of her graft trial, after the witness said he pushed the Ministry of Finance (MoF) to release an advance payment to the project contractor.

In making the accusation, Rosmah’s lawyer Akberdin Abdul Kader referred to several letters about the request for advance payment to contractor Jepak Holdings Sdn Bhd.

The lawyer said Alias had “interest” in the project because he continuously pressed on the disbursement of RM130 million in advance payment to Jepak, despite Finance Ministry reservations on releasing the money.

Akberdin said Alias, the 12th witness in the trial at the High Court in Kuala Lumpur, had made a personal phone call regarding the advance payment to then-treasury deputy secretary-general Othman Semail, after receiving a letter from the ministry on April 19, 2017.

This letter was a reply to a letter from the education minister dated March 16, 2017.

Akberdin: After receiving this letter from the ministry on April 19, you made a personal call to Othman and asked for his co-operation to approve the RM130 million advance payments to Jepak?

Alias: I agreed I called him but I didn’t talk to him about the RM130 million advance payment. I spoke to him about something else.

Akberdin: I put it to you, you called Othman after receiving this letter on April 19, 2017, and asked for his goodwill to approve the advance, but Othman responded that he stood by the answers given in the letter and that education ministry didn’t follow procedure in the project. Agree?

Alias: Disagree.

Akberdin: I put it to you that you took the initiative to call Othman personally because you had a vested interest in the project. That is why you took all the extra efforts. Agree?

Alias: Disagree.

Judge Mohamed Zaini Mazlan then rebuked the defence lawyer for his line of questioning.

He said the defence was pressuring the witness, while accusing him of corruption.

“He not the one on trial. Mind yourself of the charges,” Zaini told Akberdin.

When Othman testified earlier, he said his office received on March 22, 2017, an application from the Education Ministry for advance payment amounting to RM130 million for Jepak Holdings to enable the company to implement the solar project.

Former Education Ministry asset acquisition and management department secretary Kamarudin Abdullah had testified that the Finance Ministry had told the Education Ministry in an April 19, 2017, letter that Jepak had failed to meet the ministry’s requirements to secure a RM130 million advance for the solar project.

He said that Jepak had presented to the Finance Ministry an insurance guarantee from Archipelago Insurance Limited, which was not licensed under the Financial Services Act.

He said Archipelago Insurance was only licensed by the Labuan Financial Services Authority.

Akberdin put it to Alias that the education ministry showed more interest in the solar project than Jepak.  

Akberdin told court that besides Jepak’s letter to the Education Ministry on February 23, 2017, to seek the RM130 million in advance payments, there wasn’t any other letter for fund request from the company but Alias was the one who had constantly been communicating with the Finance Ministry, requesting for the advance payment to be expedited. 

Akberdin: Do you agree with me that in your witness statement, besides Jepak’s letter to MoE on February 23, 2017, there weren’t any other letters to the ministry?

Alias: Correct.

Akberdin: Any letter from Jepak asking you to expedite the advance payment or the interim payment?

Alias: Don’t have.

Akberdin: So, I put it to you that the Education Ministry cared more about the payment and made all the effort to get them.

Alias: I disagree. 

Alias told court that the letter of award has been signed and there was a need for the ministry to request for the payment, which is then to be paid to the contractor. 

He said that it was their duty to do so.

However, Akberdin told Alias that there was no point talking about duties as they (ministry) have been negligence in issuing the letter of award, which he said they didn’t follow procedure. 

Akberdin then questioned the witness on the contract given to Jepak. 

However, yesterday the prosecution had requested for the court to be adjourned early because they wanted to prepare for continuation of the 1MDB trial against former premier Najib Abdul Razak. 

Judge Zaini then asked Akberdin how much more time he needed to cross-examine the witness, to which the defence counsel said he needs about two more hours.  

The hearing was adjourned, and is scheduled to resume on April 6.

Rosmah, the 69-year-old wife of former prime minister Najib Razak, faces three corruption charges, one of which is for soliciting RM187.5 million from Jepak Holdings managing director Saidi Abang Samsudin as inducement to help the company secure a RM1.25 billion solar hybrid project for 369 rural schools in Sarawak. 

She is also accused of receiving bribes totalling RM6.5 million from Saidi in 2016 and 2017. – March 12, 2020.