[UPDATED] Court sets June 22 to decide on Rosmah’s judicial review

PUTRAJAYA – The Court of Appeal has set June 22 to decide on Datin Seri Rosmah Mansor’s judicial review on the appointment of former Federal Court judge late Datuk Seri Gopal Sri Ram as lead prosecutor in her RM1.25 billion solar hybrid project graft trial. 

The three-member bench, which included Datuk Hanipah Farikullah, Datuk Che Mohd Ruzima Ghazali, and Datuk See Mee Chun, said the court requires more time to consider each party’s submissions.

The date is also when the court will be hearing Rosmah’s appeal on her fine and prison sentence.

The Attorney-General’s Chambers was represented by federal counsel Shamsul Bolhassan, while Datuk Akberdin Abd Kader and Datuk Jagjit Singh represented Rosmah.

During the proceedings today, Shamsul said Rosmah’s application on June 24, 2022, was delayed for more than three years as she was charged on November 15, 2018.

As such, he said Rosmah, who is the wife of former prime minister Datuk Seri Najib Razak, had failed to comply with Order 53 Rule 3(6) of the Rules of Court 2012.

The order states that applications for judicial reviews must be made promptly and within three months from the date when grounds for the application first arose, or when the decision is first communicated to the applicant.

However, the appellants contended that the application was made only 28 days after May 27, 2022, which was when the Federal Court decided to dismiss Rosmah’s bid to nullify her corruption trial and remove Sri Ram as lead prosecutor. 

Following this fact, Akberdin and Jagjit said the application was well within the three-month time limit. 

Previously, Rosmah filed an application in the Kuala Lumpur High Court, seeking a declaration that Sri Ram’s appointment as senior deputy public prosecutor through three letters of appointment (fiat) – dated July 8, 2020, May 11 and May 21, 2021 – was unlawful. 

The attorney-general/public prosecutor, the Malaysian government, and Sri Ram were named as respondents. 

She also seeks a declaration that the entire prosecution proceedings and full trial for her graft case were invalid and void, and that she must be acquitted of all charges under Section 16(a)(A) of the Malaysian Anti-Corruption Act 2009.

Rosmah had applied to disqualify Sri Ram before the judicial review but was dismissed by justice Mohamed Zaini Mazlan who presided over her corruption trial. Her appeals to the Court of Appeal and Federal Court were also dismissed.

High court judge Datuk Ahmad Kamal Md Shahid had dismissed Rosmah’s application for leave to initiate judicial review, two days before Zaini was scheduled to deliver his verdict in her graft case.

Rosmah was charged with 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 the company secure a RM1.25 billion project to provide solar hybrid energy in 369 schools in rural Sarawak.
Subsequently, on September 1, Zaini found Rosmah guilty of the corruption charges, sentenced her to 10 years in jail and imposed a RM970 million fine. – The Vibes, May 18, 2023