Malaysia

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

This means civil court will not hear her case to disqualify senior DPP from solar hybrid graft trial

Updated 3 years ago · Published on 30 Aug 2022 6:21PM

[UPDATED] Rosmah’s bid to remove Sri Ram as lead prosecutor fails again
Datin Seri Rosmah Mansor (centre) wipes away a tear during an Umno special briefing on her husband, Datuk Seri Najib Razak’s recent imprisonment. Today, the Kuala Lumpur High Court has dismissed her bid to recuse Datuk Seri Gopal Sri Ram from her RM1.25 billion solar hybrid energy project corruption case. – ABDUL RAZAK LATIF/The Vibes pic, August 30, 2022

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

Related News

Malaysia / 3d

While the focus is on condemning the Madani government, a coup d'état is in process

Malaysia / 1mth

Johor state election: MACC receives three reports of alleged corruption

Malaysia / 1mth

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

Malaysia / 3mth

‘No one gets rich in politics unless he’s a crook’: Selangor Sultan shares Truman's quote

Malaysia / 3mth

No money trail because payments to Guan Eng made in cash - Witness

Malaysia / 3mth

Anwar’s budget cuts - a master move for reform

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

School stabbing: Male student charged with murder ordered to defend himself

Malaysia

To leave or to stay? Penang and Kedah DAP remain undecided

By Ian McIntyre

Malaysia

Soldier injured after being hit by gunfire at Port Dickson firing range

Malaysia

Muhyiddin urges end to political appointments in Tabung Haji leadership

Malaysia

Mid-October sitting fuels speculation over early Sarawak election

Malaysia

Grandmother charged with murdering step-granddaughter

Malaysia

EC: No by-election for Subang parliamentary seat

Malaysia

Sarawak schools told to halt outdoor activities as haze pushes air quality into unhealthy range