[UPDATED] Rosmah’s bid to remove Sri Ram as lead prosecutor fails again

KUALA LUMPUR – Datin Seri Rosmah Mansor has again failed to recuse lead prosecutor Datuk Seri Gopal Sri Ram from her corruption case linked to the RM1.25 billion solar hybrid energy project.

The Kuala Lumpur High Court (Appellate and Special Powers) dismissed her bid, which means the civil court will not hear the merits of her judicial review application.

High court judge Datuk Ahmad Kamal Md Shahid in his written judgement via email to all parties said Rosmah had failed to file the leave application against Sri Ram’s appointment within the appropriate time frame as stipulated under the Rules of Court (ROC) 2012.

“I am of the view that an application for leave for judicial review made under Order 53 Rule 3(6) of the ROC challenging the Datuk Seri Gopal Sri Ram’s fiat must be filed within three months from the date of when the grounds of the application first arose, or when the decision was communicated to the applicant.

“In the present application, the charge was preferred against the applicant on November 15, 2018, whereby Datuk Seri Gopal Sri Ram appeared as a senior deputy public prosecutor in the case.

“On August 4, 2021, a copy of fiat was communicated. This application for leave for judicial review was only filed by the applicant on June 24, 2022. This is clearly beyond the three-month time frame as stipulated under Order 53 Rule 3(6) of the ROC.

“Hence, this court has no jurisdiction to grant leave to hear the substantive judicial review application. The applicant’s application for leave to commence judicial review proceedings is hereby dismissed.”

Federal counsel Shamsul Bolhassan was acting on behalf of the Attorney-General’s Chamber, while Rosmah was represented by Datuk Akberdin Abd Kader and Datuk Jagjit Singh. Sri Ram, who is the third respondent, is representing himself.

This comes after Rosmah – wife of former prime minister Datuk Seri Najib Razak – filed an application on June 24 seeking to declare the appointment of Sri Ram as the ad hoc prosecutor, through three letters of appointment or a fiat dated July 8, 2020, May 11, and May 21, 2021, as unlawful.

She also argued that Sri Ram’s appointment as an ad hoc prosecutor was only related to the 1Malaysia Development Bhd (1MDB) and had nothing to do with her corruption case of the Sarawak-based project.

Rosmah also sought for the entire prosecution proceedings of the solar trial which took place from November 15, 2018 until the end of the defence stage, to be declared invalid and void.

In her application, Rosmah had named the attorney-general, the government, and Sri Ram as respondents.

She had filed a similar application in the Kuala Lumpur High Court (criminal division) last year but was rejected and the Court of Appeal and the Federal Court subsequently rejected her appeal.

Rosmah will know her fate as the criminal court is set to deliver its verdict in her corruption case.

She is charged with soliciting RM187.5 million and two counts of receiving bribes of RM6.5 million from Jepak Holdings Sdn Bhd’s former managing director, Saidi Abang Samsuddin, through her former special officer, Datuk Rizal Mansor.

For the second charge, Rosmah is alleged to have dishonestly received RM1.5 million from Saidi for the same purpose at her residence in Jalan Langgak Duta, Taman Duta, on September 7, 2017.

She is also facing a third charge of accepting gratification of RM5 million from Saidi through Rizal for helping Jepak Holdings secure the same project on December 20, 2016, at the Seri Perdana residence in Putrajaya between January 2016 and September 2017. – The Vibes, August 30, 2022