KUALA LUMPUR – Datin Seri Rosmah Mansor today failed in her bid to nullify her corruption case over a RM1.25 billion solar project for 369 rural schools in Sarawak.
The high court here also threw out her bid to disqualify former Federal Court judge Datuk Seri Gopal Sri Ram as the case’s senior deputy public prosecutor.
The basis of Rosmah’s application is the validity of Sri Ram’s letter of appointment as senior DPP.
Judge Mohamed Zaini Mazlan was quoted as saying by Free Malaysia Today that Sri Ram’s appointment under Sections 376, 377, 378 and 379 of the Criminal Procedure Code by the then attorney-general Tan Sri Tommy Thomas in August 2018 is valid.
“Having viewed all the provisions in a holistic manner, I find the appointment valid.”
The court accepted the prosecution’s submission of the backdated appointment letter for Sri Ram by Attorney-General Tan Sri Idrus Harun issued on May 21.
Zaini cited Section 50(b) of the Interpretation Acts 1948 and 1967 that empower any authority to make an appointment that takes effect retrospectively.
Rosmah, who is the wife of former prime minister Datuk Seri Najib Razak, filed two applications at the high court here on May 6, seeking to nullify the entire trial in a bid to be acquitted of all three charges, as well as to remove Sri Ram as the lead prosecutor.
The 69-year-old filed the applications after the Court of Appeal on April 8 allowed her appeal to get a copy of Sri Ram’s appointment letter, after the prosecution agreed to provide it to the defence.
Rosmah brought the matter up for appeal after the high court dismissed her application over Sri Ram’s appointment letter on August 19 last year.
The letter was not dated on or before November 15, 2018, the day Rosmah was charged in court, and was not signed by Thomas.
It was dated July 8 last year and signed by Idrus.
On February 18 this year, Zaini ordered Rosmah to enter her defence on the three charges. – The Vibes, September 24, 2021
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