THE Kuala Lumpur High Court today allowed the prosecution to impeach Rosmah Mansor for allegedly giving contradictory statements in the ongoing corruption trial and her statement recorded by the Malaysian Anti-Corruption Commission during her money-laundering investigation.

Judge Mohamed Zaini Mazlan said Rosmah’s statement recorded under Section 32 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla) is admissible under Section 40 of the same Act.

However, Zaini said that the impeachment proceedings are to be carried out under Section 145 and 155 of the Evidence Act 1950.

The judge, however, disallowed the prosecution to rely on Section 72 of the Amla Act to impeach her as she is not on trial for the money laundering case.

“The provision for impeachment is to be carried out under Sections 145 and 155 of the Evidence Act 1950, and not under Section 72 of the Amla Act as the latter pertains to a trial of an offence under the Act, which is not the case here,” Zaini said.

Rosmah is accused of soliciting RM187.5 million from Jepak Holdings’ managing director Saidi Abang Samsuddin as inducement to help the company secure the solar hybrid project in Sarawak.

She is also accused of receiving bribes totalling RM6.5 million from Saidi in 2016 and 2017.

The application by the prosecution to impeach Rosmah was made due to inconsistencies in her testimony in court compared to what was told to MACC investigators in the Amla case.

Should the court find that there were material contradictions, her testimony in this trial could be thrown out.

Meanwhile, Zaini also allowed the prosecution to cross-examine Rosmah on her character. However, he limited the prosecution from touching the facts of the case as Rosmah has only been charged with Amla.

The judge said that the cross-examination of Rosmah must exclude any questions pertaining to the facts of the Amla charges, bank statement and the alleged deposits made by one Roslan Suhari into her account.

Zaini said the reason for him to limit the line of questioning was because he is also the presiding judge for Rosmah’s money-laundering trial and does not want it to be prejudicial.

The money-laundering case is scheduled to begin after this corruption trial ends.

Rosmah, 69, is facing 12 money laundering charges involving RM7,097,750 and five counts of failing to declare her income to the Inland Revenue Board (LHDN).

The prosecution made the application to cross-examine Rosmah on her character after the defence had attacked the former education minister Mahdzir Khalid, former education ministry secretary-general Madinah Mohamad and her successor Alias Ahmad, Saidi and her former aide, Rizal Mansor.

Rosmah is scheduled to depart to Singapore tomorrow to visit her daughter who is expected to deliver soon.

The corruption trial will resume on December 8. – October 21, 2021.