Malaysia

Solar case: Rosmah files appeal to challenge lead prosecutor’s appointment

She questions if AG had legal right to name the late Datuk Seri Gopal Sri Ram

Updated 3 years ago · Published on 05 Jul 2023 4:51PM

Solar case: Rosmah files appeal to challenge lead prosecutor’s appointment
Datin Seri Rosmah Mansor (pic) has submitted several legal questions for the court to consider in her appeal against the Court of Appeal’s decision to dismiss her application to challenge the appointment of the now-deceased Datuk Seri Gopal Sri Ram as the lead prosecutor in her hybrid solar corruption case. – AZIM RAHMAN/File pic, July 5, 2023

PUTRAJAYA – Datin Seri Rosmah Mansor has filed an appeal at the Federal Court against the Court of Appeal’s decision to dismiss her application to challenge the appointment of the now-deceased Datuk Seri Gopal Sri Ram as the lead prosecutor in her corruption case involving a hybrid solar project worth RM1.25 billion.

The wife of former prime minister Datuk Seri Najib Razak, who filed the appeal today through the legal firm Messrs. Akberdin & Co, submitted several legal questions for the court to consider.

The questions included whether Attorney-General Tan Sri Idrus Harun has the right under the law to issue a retrospective letter of appointment, which was dated May 21, 2021,  for the appointment of Sri Ram as senior deputy public prosecutor effective from November 15, 2018, being that, in fact and in law, Idrus was only appointed attorney-general in 2021.

Last June 22, the Court of Appeal dismissed Rosmah’s appeal for leave to initiate a judicial review to challenge Sri Ram’s appointment as lead prosecutor in her case. 

Rosmah, 71, filed the application for leave to initiate a judicial review in the high court on June 24 last year, naming the attorney-general/public prosecutor, the federal government, and Sri Ram as respondents.

In the application, Rosmah sought a declaration that Sri Ram’s appointment through three letters of appointment (fiat) dated July 8, 2020, May 11 and May 21, 2021, respectively was unlawful.

She also sought a declaration that the entire prosecution proceedings and full trial for her solar case which took place from November 15, 2018, until the defence closed the 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.

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

On September 1, 2022, justice Zaini found Rosmah guilty of the corruption charges and sentenced her to 10 years in jail and an RM970-million fine. She then filed an appeal against her conviction and sentence and the Court of Appeal set four days, from July 11 to 14, to hear her appeal. – Bernama, July 5, 2023

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