Rosmah is seen at the Kuala Lumpur courthouse today. – Bernama photo
KUALA LUMPUR (Feb 18): An audio recording and a transcript containing the phrase “Can I advise you something?” are admissible as evidence in Datin Seri Rosmah Mansor’s trial relating to the RM1.25-billion solar hybrid project for 369 rural schools in Sarawak.
The audio recording, previously released by the Malaysian Anti-Corruption Commission (MACC) which was believed to be part of a conversation between Rosmah and her husband, former prime minister Datuk Seri Najib Tun Razak, was played by the prosecution in the trial when former Education Minister Datuk Seri Mahdzir Khalid testified.
High Court Judge Mohamed Zaini Mazlan made the ruling on the audio recording before ordering Rosmah, 69, to enter her defence on all her three corruption charges related to the project, today.
The judge allowed the audio recording, marked as IDP36, and its transcription, marked as IDP 163, to be admitted as evidence after the prosecution in its submission urged the court to revisit its application and to review the court’s earlier ruling (on the prosecution’s request to admit these two items as its exhibits).
The judge said the defence, in objecting to the application, contended that the court was functus officio in having made its ruling and that the issue was res judicata, in that a decision made could not be revisited.
The judge said he was disinclined to accept the defence’s argument that the court is functus officio as it will only be functus officio once it has completed its task.
“To put it into perspective, this court can only be deemed to be functus officio once it has officially completed the trial. As it stands now, the trial has not been concluded. The court is still in session,” he said.
Justice Mohamed Zaini said as for the argument of res judicata, a concept which is perhaps more common in civil matters, it refers to a decision that has reached its finality and should not be litigated again.
He further said his ruling on the admissibility of these two items was merely a ruling as it was made during the course of a trial.
“It was not a decision within the context of Section 3 of the Courts of Judicature Act 1964, namely, a judgment, sentence or order. It is trite law that a ruling made during the course of a trial could not be connoted as a decision, as the latter has the element of finality. – Bernama
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