Court Mulls Hybrid Online Trial Due To Rosmah S Orange Mysejahtera Status

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Rosmah Mansor’s solar hybrid energy project corruption trial may be conducted via hybrid online proceedings on Dec 23.
This comes on the heels of Rosmah being unable to attend her trial again at the Kuala Lumpur High Court this morning due to her close contact status on the MySejahtera app.
The wife of former premier Najib Abdul Razak previously missed two trial dates due to her orange MySejahtera status on Dec 8 and 10 respectively.
The Kuala Lumpur Courts Complex usually only allows those with a low risk (blue) MySejahtera status to enter the premises.
If a person does not test positive for Covid-19, it usually takes 10 days for their casual contact (yellow) or close contact (orange) status to revert back to blue on the app.
Rosmah was not seen in the courtroom, however, she was spotted in her car outside the Kuala Lumpur Courts Complex today.
It is understood that she was not allowed to enter the court premises as she is still a close contact. 
During the High Court proceedings, judge Mohamed Zaini Mazlan said the court will consider the hybrid online trial proposal from deputy public prosecutor Gopal Sri Ram.
The accused’s counsel Jagjit Singh confirmed to the court that Rosmah's MySejahtera status remains orange.
Sri Ram informed the court that Section 15 of the Courts of Judicature Act permits a trial judge to direct proceedings to be conducted via an online hybrid hearing.
The former federal court judge said that he is prepared to make arrangements for other DPPs to be present at Rosmah’s residence as part of the online hybrid proceedings.
Sri Ram added that the court officers can also be present at her residence so that the online hybrid hearing can proceed without a hitch.
Online hybrid proceedings involve a situation where the judge and prosecution team is present at court, while the accused follows the trial online from another location.
On Tuesday and Wednesday last week, the Court of Appeal at the Palace of Justice, Putrajaya, carried out hybrid online criminal proceedings related to Najib’s RM42 million SRC International corruption appeal.
The proceedings saw the Court of Appeal judges and prosecution team being present at the Palace of Justice, while Najib and his defence team followed proceedings via Zoom from another location.
This was due to Najib and large numbers of his defence team coming in close contact with a Covid-19 positive person.
Since the Covid-19 outbreak hit Malaysian shores last year, the civil jurisdiction courts have conducted many case managements and hearings fully online.
However, by comparison, the criminal jurisdiction courts generally still try for the most part to conduct trials in open court. 
On-site proceedings preferred 
During proceedings before Zaini today, Jagjit said that the defence team preferred for proceedings to be carried out on-site with the accused’s presence at the High Court.
The judge then reminded parties that the situation cannot carry on like this with the risk of Rosmah still being unable to attend hearings in person due to her MySejahtera status.
The judge noted that including today, Rosmah has already missed three days of trial.
“I have to make provisions (for the possibility of hybrid online trial), as the trial must come to an end eventually.
“The light at the end of the tunnel gets dimmer and dimmer,” the judge remarked, to which Jagjit apologised over the situation.
Zaini said he will consider the prosecution's suggestion for a hybrid hearing.
"If it can be done, I will inform parties in advance (before the next trial date on Dec 23), if the accused’s status is anything but blue.
“If her status reverts to blue, then everything will be fine," the judge said before vacating today's hearing date. 
Proceedings are set to resume on Dec 23 and 24.
Rosmah is on trial over a graft case linked to the solar hybrid energy project for 369 rural schools in Sarawak.
The 70-year-old is facing three charges under Section 16(a)(A) of the MACC Act 2009.
On the first charge, she is accused of soliciting RM187.5 million in bribes from Jepak Holdings Sdn Bhd to help secure an Education Ministry project.
The RM1.25 billion project was intended to supply power to 369 rural schools in Sarawak using a combination of solar and diesel energy.
On the second and third charges, she is accused of receiving RM1.5 million and RM5 million in bribes respectively as a reward for securing the project.
On Feb 18, the High Court ordered Rosmah to enter her defence, following its finding that the prosecution succeeded in establishing a prima facie case against her.
Besides Dec 23 and 24, her trial is also set for Jan 10 to 14 and Feb 4 next year. - Mkini

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