Malaysia

Criminal court has no jurisdiction to nullify Rosmah’s corruption trial, court hears

Ex-PM’s wife should have filed judicial review in civil court, says senior DPP

Updated 4 years ago · Published on 15 Nov 2021 4:58PM

Criminal court has no jurisdiction to nullify Rosmah’s corruption trial, court hears
Datuk Seri Gopal Sri Ram says Datin Seri Rosmah Mansor can only appeal against three types of decision by a criminal court, whether to quash a criminal charge for being groundless, acquit, or convict the accused facing the criminal charge. – Bernama pic, November 15, 2021

PUTRAJAYA – A criminal court has no jurisdiction to grant a declaration order sought by Datin Seri Rosmah Mansor to nullify her corruption trial over the RM1.25 billion hybrid solar project, the Court of Appeal heard today.

Senior deputy public prosecutor Datuk Seri Gopal Sri Ram said Rosmah could only appeal against three types of decision by a criminal court, whether to quash a criminal charge for being groundless, acquit, or convict the accused facing the criminal charge.

“A criminal court is not empowered to issue declarations like those by a civil court. A criminal court cannot grant declarations and the appellant (Rosmah) should have filed a judicial review in a civil court for such a declaration,” he said before a three-member bench comprising Datuk Hanipah Farikullah, Datuk M. Gunalan, and Datuk Hashim Hamzah. 

Sri Ram raised this point in a preliminary objection on Rosmah’s appeal against the high court’s decision on September 24 rejecting her application to nullify her corruption trial and remove Sri Ram as the lead prosecutor in the case.

Rosmah’s counsel Datuk Jagjit Singh countered that the issue of whether a criminal court could hear a declaratory order was being raised by the respondent (public prosecutor) for the first time, to which Sri Ram replied the issue could be brought at any time.

Sri Ram said he was prepared to argue the matter by putting in written submissions, which Jagjit had no objection to.

Justice Hanipah then ordered both parties to file in the written submissions by November 22 since the point raised by Sri Ram was quite critical and would have implications on the merit of Rosmah’s appeal.

The wife of former prime minister Datuk Seri Najib Tun Razak is appealing against the high court’s refusal to nullify her entire trial in an effort to be freed of all three charges and to remove Sri Ram as the lead prosecutor in the case.

Rosmah is facing a charge of soliciting RM187.5 million and two charges of receiving bribes totalling RM6.5 million from Jepak Holdings Sdn Bhd managing director, Saidi Abang Samsudin through her former assistant, Datuk Rizal Mansor, as a reward for assisting Jepak Holdings to secure a RM1.25 billion project to equip 369 schools in rural Sarawak with solar hybrid power.

On October 4, the Court of Appeal rejected Rosmah’s application to adjourn her corruption trial while waiting for the decision on the appeal.

Following the decision, Rosmah, 69, testified as a defence witness during the hearing held at the high court on October 5. The trial is scheduled to resume on December 8. – Bernama, November 15, 2021

Related News

Malaysia / 2y

Rosmah seeks to recuse judge in 1MDB US$346 million suit

Malaysia / 2y

Rosmah spent RM1.63 billion of 1MDB funds on luxury goods, court hears

Malaysia / 3y

Apex court to hear Rosmah’s bid for leave to appeal on Nov 29

Malaysia / 3y

Court allows passport release for Rosmah to visit daughter in S’pore

Malaysia / 3y

Rosmah seeks temporary passport release to travel to Singapore

Malaysia / 3y

Solar graft case: court allows Rosmah’s bid to postpone appeal proceedings

Spotlight

Malaysia

Penang CM defends move by housing board, says enforcement is last resort

By Ian McIntyre

World

Anak Krakatau’s six eruptions recorded

Malaysia

Delivery rider's compassion turns RM14.50 meal into wave of public generosity

Malaysia

Sanusi’s gambling stance puts PAS manifesto under scrutiny

By Alfian Z.M. Tahir

Malaysia

Zahid’s game plan is opening up

Malaysia

Chew Jetty fire: Business owners lose everything in the blink of an eye

By Ian McIntyre

Malaysia

SMART Team leaves for Nepal today as search for 55 Malaysians continues

Diary

Mother Teresa - one of the foremost humanitarian figures of the 20th century died today, 29 years ago

You may be interested

Malaysia

Puteri Umno distances itself from viral Threads post

By Alfian Z.M. Tahir

Malaysia

Exercise intertwined with religious elements, mantras, or worship strictly off-limits – FT Mufti

By Alfian Z.M. Tahir

Malaysia

Mount Anak Krakatau eruption: Major carriers, including Malaysia Airlines, AirAsia cancel, reschedule flights

By Alfian Z.M. Tahir

Malaysia

Leave PAS-UMNO seat talks to party presidents - Johari

Malaysia

Budget 2027 may bring new relief for squeezed M40

Malaysia

SSM warns NGOs against collecting public donations without approval

Malaysia

Sanusi’s gambling stance puts PAS manifesto under scrutiny

By Alfian Z.M. Tahir

Malaysia

Negeri Sembilan MB reaffirms loyalty to Tuanku Muhriz amid throne dispute