Malaysia

Prosecution to file preliminary objection against Rosmah’s bid to recuse Sri Ram

Lead prosecutor and former Federal Court judge Datuk Seri Gopal Sri Ram argues that criminal court has no jurisdiction to disqualify him

Updated 4 years ago · Published on 03 Feb 2022 4:00PM

Prosecution to file preliminary objection against Rosmah’s bid to recuse Sri Ram
Datuk Seri Gopal Sri Ram has informed the High Court Judge Mohamed Zaini Mazlan that the prosecution would file a formal objection and serve the court papers to the defence team today. - Bernama Pic, February 3, 2022

KUALA LUMPUR – The prosecution will file a preliminary objection against Datin Seri Rosmah Mansor’s bid to disqualify former Federal Court judge Datuk Seri Gopal Sri Ram from acting as the lead prosecutor in her money laundering and tax evasion trial.

Sri Ram informed the High Court Judge Mohamed Zaini Mazlan that the prosecution would file a formal objection and serve the court papers to the defence team today.

“My Lord, the legal team was only served a copy on the prosecution on Monday, just before the two-day Chinese New Year public holiday. Thus we need time to prepare submissions for the preliminary objection (PO) against the disqualification,” he said.

Sri Ram added that Rosmah had filed a criminal motion but wanted an order that his appointment as ad hoc prosecutor was illegal and must be quashed.

“The order sought could only be given by way of a judicial review. This criminal High Court has no jurisdiction to provide the relief asked. This is really an abuse of process of court,” said Sri Ram.

Judge Mohamed Zaini then postponed today’s proceedings and fixed February 17 and 18 to hear the preliminary objection and disqualification application.

The court will also hear Rosmah’s second application to recuse judge Mohamed Zaini and stay the trial pending the outcome of her application in the Court of Appeal to disqualify the judge.

This is the second time Rosmah filed an application after Judge Mohamed Zaini – who is also presided over her solar hybrid trial – rejected her application to recuse himself from hearing the trial on December 14.

Rosmah, in her supporting affidavit which was filed with a notice of motion to disqualify Sri Ram from leading the prosecution team in her money laundering and tax evasion trial, claimed that Attorney-General Tan Sri Idrus Harun had acted beyond his jurisdiction when he appointed Sri Ram as senior deputy public prosecutor to lead the investigations into the 1Malaysia Development Berhad (1MDB) scandal and the prosecution of those involved.

Rosmah said after examining the former Federal Court judge’s letter of appointment as the senior deputy public prosecutor, dated May 21, 2021, under Section 376 (3) of the Criminal Procedure Code, she found that the appointment did not refer to her case.

She said if the court was of the view that Idrus had acted in an orderly manner in line with his statutory powers, then Sri Ram was still not a “fit and proper” individual to prosecute the case.

Rosmah, 70, is facing 12 money laundering charges involving RM7,097,750 and five counts of failure to declare her income to the Inland Revenue Board.

The offences were allegedly committed at Affin Bank Berhad, Bangunan Getah Asli branch, Jalan Ampang here between December 4, 2013 and June 8, 2017, and at the IRB at Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim here between May 1, 2014 and May 1, 2018. – Bernama, February 3, 2022

Related News

Malaysia / 13h

Rosmah granted conditional stay on RM67.5m jewellery payment

Malaysia / 6d

Foreign management institute denies claims of any wrongdoing

Malaysia / 6d

Court orders police to probe foreign management institute

Malaysia / 2w

Koh, Amri families must wait longer for compensation after court upholds stay

Malaysia / 1mth

School stabbing incident: Suspect arrives in court to face charges

Malaysia / 1mth

Guan Eng, wife, businesswoman to stand trial for corruption linked to RM11.6m project

Spotlight

Malaysia

Najib raises objections to 80% of ex-1MDB CEO’s witness statement over hearsay

Malaysia

Tun Dr Mahathir, Siti Hasmah create ASEAN record

By Alfian Z.M. Tahir

Malaysia

Nanta Linggi to leave Parliament after five terms, may contest new Sarawak state seat

World

Typhoon Dolphin’s remnants swamp Beijing as China braces for more extreme rainfall

Malaysia

Anwar expected to leave hospital today after successful treatment

Malaysia

Husband and wife face death penalty for drug trafficking

Malaysia

Former Subang MP, Wong Chen joins Bersama

Malaysia

Malaysian dies while transiting in Bangkok to Japan (video)

You may be interested

Malaysia

Anwar questions PN’s priorities after Tabung Haji RCI walkout

Malaysia

Tun Dr Mahathir, Siti Hasmah create ASEAN record

By Alfian Z.M. Tahir

Malaysia

Immigration immediately stops issuing passports with validity periods exceeding 10 years

By Alfian Z.M. Tahir

Malaysia

MACC, police probing TH after RCI findings as govt warns no one will be spared

By Alfian Z.M. Tahir

Malaysia

Anwar files suit against PAS’ Tuan Ibrahim over claims of police intimidation, royal interference

Malaysia

RoS probes Bersatu complaint over position in Perikatan Nasional

Malaysia

Muhyiddin urges end to political appointments in Tabung Haji leadership

Malaysia

Step-grandmother to be charged with murder of 16-month-old baby in Kota Tinggi