Judge Mohamed Zaini Mazlan said Rosmah has attempted to explain the differences in court.
“Therefore, it is not necessary to embark on the impeachment proceeding,” he said.
However, the prosecution is entitled to cross-examine the accused on her explanation.
“I will decide whether to accept her explanation at the end of the trial,” he said.
Should the court find material contradiction, her entire testimony in this corruption trial could be ignored.
Rosmah is accused of soliciting RM187.5 million from former Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin, through her former aide 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) and that trial will begin on Jan 12.
The application to impeach her was made due to inconsistencies in her testimony in court and what she told the MACC investigators during the money laundering investigation.
On Oct 3, 2018, Rosmah is said to have told the MACC investigators that she never knew nor met Saidi and his former business partner Rayyan Radzwill Abdullah.
She also told MACC that she could not recollect that Rizal brought Saidi and Rayyan to her private residence at Jalan Langgak Duta here.
However, when giving evidence in this trial on Oct 5, Rosmah said she met Saidi and Rayyan in 2016 but she did not remember the date and month.
Rosmah said Rizal brought the two men without her consent in 2016.
It was also in evidence that the duo came to Rosmah’s home the second time on Sept 7, 2017 to submit a proposal for a well water project in rural Sarawak.
Rosmah’s lawyers Jagjit Singh and Akberdin Abdul Kader repeatedly stood up to protest saying that ad-hoc prosecutor Gopal Sri Ram was not following settled procedure to impeach a witness or an accused.
“The court should be shown the contradiction in a previous statement given to investigators and the evidence in court.
“The judge will decide if the contradiction is material or it is a minor discrepancy,” Akberdin said.
Questioned by Sri Ram, Rosmah said no one coerced her when she gave her statement to the MACC investigators.
She repeatedly told the court that she could not remember meeting Saidi and Rayyan.
“I’m telling the truth. As the wife of the then prime minister, I met many people. Some I know by name and others I recognise by face,” she said.
At the outset of the proceeding, Jagjit told Judge Zaini that Rosmah is in the witness room as her MySejahtera status showed yellow, meaning she was in close contact with a person down with Covid-19.
“Three members of her household are confirmed infected. We are mindful that those who breach the law will be punished,” he said.
Zaini thanked Jagjit for informing the court but asked Rosmah to enter the court and take the witness stand.