KUALA LUMPUR - The High Court here today fixed Aug 30 to decide on Datin Seri Rosmah Mansor’s fresh bid to disqualify Datuk Seri Gopal Sri Ram as senior deputy public prosecutor in the RM1.25 billion solar hybrid project case.
Judge Datuk Ahmad Kamal Md Shahid set the date after hearing submissions by Rosmah’s lawyers, Datuk Akberdin Abdul Kader and Datuk Jagjit Singh, as well as by senior federal counsel Shamsul Bolhassan and Sri Ram, who is representing himself.
The judge said he will deliver the decision via email on Aug 30.
Earlier, Shamsul, who acted for the Attorney-General’s Chambers (AGC), objected to Rosmah’s judicial review application, saying that Rosmah’s bid to commence the legal challenge was an abuse of the court process.
"The applicant was trying to interfere with adjudicated criminal proceedings by seeking a challenge in the civil courts,” he said.
Meanwhile, Sri Ram submitted that that Rosmah’s new bid over his appointment was "asking the court to review another court’s decision”, as the Federal Court had ruled that his appointment was valid.
The wife of former Prime Minister Datuk Seri Najib Razak had filed a similar application at the Criminal High Court here.
However, her application was dismissed. She appealed, and it was also dismissed by the Appeals Court and the Apex Court.
At today’s proceedings, Rosmah’s lawyer, Akberdin, submitted that his client should be allowed to commence the legal challenge, claiming that they had an arguable case and Rosmah was "adversely affected” by Sri Ram’s appointment as an ad hoc prosecutor in her corruption trial.
Rosmah, 70, filed an application for judicial review on June 24 in the High Court (Appeal and Special Powers) naming the Attorney General/Public Prosecutor, Government of Malaysia and Sri Ram as respondents.
In her latest application, Rosmah sought a declaration that the appointment of Sri Ram as Senior Deputy Public Prosecutor through three letters of appointment (fiat), dated July 8, 2020, May 11 and May 21, 2021, respectively, was unlawful.
In addition, Rosmah sought a declaration that the entire prosecution proceedings and full trial for the solar case which took place since 15 Nov 2018 until the defence closed the case were invalid and void and she must be acquitted of all charges under Section 16 (a) (A) of the Malaysian Anti-Corruption Commission Act 2009.
Rosmah is accused of soliciting RM187.5 million and two counts of accepting bribes amounting to RM6.5 million from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin through her former aide Datuk Rizal Mansor as a reward for helping Jepak Holdings secure a RM1.25 billion project to provide solar hybrid energy in 369 schools in rural Sarawak. - BERNAMA