Defence objects to Sri Ram arguing for himself against Rosmah’s disqualification bid

Rosmah Mansor’s defence team today objected to Gopal Sri Ram’s attempt to argue for himself in Rosmah’s application to disqualify him as the lead prosecutor in her money laundering and tax evasion trial.

Rosmah’s counsel Mohamed Reza Rahim told High Court judge Mohamed Zaini Mazlan that it might involve a conflict of interest as Sri Ram was the subject matter in the case.

“It also contravenes Rule 5 Legal Profession (Practice and Etiquette) Rules 1978. We were taken by complete surprise when my friend (Sri Ram) decided to make a U-turn,” he said, adding that the defence team had been unaware of the matter.

Meanwhile, Sri Ram countered that he had received instruction from the attorney-general to submit in the case.

“I received instructions from (deputy public prosecutor) Ahmad Akram this afternoon and the instructions came from the AG. He (Akram) said he would feel comfortable if I submited in my own case… However, I leave it to the court to decide,” said Sri Ram.

Today was fixed for hearing of the prosecution’s preliminary objection against the disqualification application by Rosmah, the wife of former prime minister Najib Razak.

The court will also hear Rosmah’s second application to recuse Zaini and stay the trial pending the outcome of her appeal in the Court of Appeal to disqualify the judge.

The judge adjourned today’s proceedings and fixed tomorrow to hear the matters.

This is the second time Rosmah has filed an application after Zaini – who also presided over her solar hybrid trial – rejected her application to recuse himself from hearing the trial on Dec 14 last year.

Rosmah filed a notice of motion on Jan 27 this year to disqualify Sri Ram from leading the prosecution team in her money laundering and tax evasion trial.

In her supporting affidavit, Rosmah claimed that Attorney-General Idrus Harun had acted beyond his jurisdiction when he appointed Sri Ram as senior deputy public prosecutor to lead the investigations into the 1MDB scandal and the prosecution of those involved.

Rosmah said after examining the former Federal Court judge’s letter of appointment as the senior deputy public prosecutor, dated May 21, 2021, under Section 376 (3) of the Criminal Procedure Code, she had found that the appointment did not refer to her case.

She said if the court was of the view that Idrus had acted in an orderly manner in line with his statutory powers, then Sri Ram was not a “fit and proper” individual to prosecute the case.

Rosmah, 70, is facing 12 money laundering charges involving RM7,097,750 and five counts of failure to declare her income to the Inland Revenue Board (LHDN).

The offences were allegedly committed at Affin Bank, Bangunan Getah Asli branch, Jalan Ampang between Dec 4, 2013 and June 8, 2017, and at LHDN at Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim between May 1, 2014 and May 1, 2018.