Judge Mohamed Zaini Mazlan also allowed the prosecution to cross-examine Rosmah on her character.
However, the judge said questions posed must be limited as Rosmah has only been charged with money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla) but the trial has not begun.
On the application to impeach Rosmah, Zaini said her statement was admissible under Section 40 of Amla.
However, Zaini said the impeachment proceedings are to be carried out under Section 145 and 155 of the Evidence Act 1950.
The judge, however, disallowed the prosecution from relying on Section 72 of Amla to impeach her as she is not on trial yet in the money laundering case. The money laundering case, also before Zaini, is expected to begin after the corruption trial is over.
The judge said cross-examination on Rosmah’s character must exclude any question pertaining to the facts of the Amla charges, bank statements and the alleged deposits made by Roslan Suhari into her account.
In the corruption trial, Rosmah is accused of soliciting RM187.5 million from former Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin, through Rizal Mansor, as an inducement to help the company secure a solar project for rural schools in Sarawak.
She is also accused of receiving bribes amounting to RM5 million from Saidi through Rizal at Seri Perdana in Putrajaya on Dec 20, 2016. Rosmah is said to have received another RM1.5 million from Saidi at Jalan Langgak Duta here on Sept 7, 2017.
The wife of former prime minister Najib Razak is also facing 12 money laundering charges amounting to RM7 million and five counts of failing to declare her income to the Inland Revenue Board (LHDN).
The application to impeach her was made due to inconsistencies in her testimony in court and what she told MACC investigators during the Amla investigation.
Should the court find material contradiction, her testimony in the corruption trial could be ignored.
The prosecution made another application to cross-examine Rosmah on her character as the defence had attacked the characters of prosecution witnesses like former education minister Mahdzir Khalid, former education ministry secretaries-general Madinah Mohamad and Alias Ahmad, Rosmah’s aide Rizal and Saidi.
Lead prosecutor Gopal Sri Ram will resume cross-examining Rosmah on Dec 8.