The Kuala Lumpur High Court today fixed Aug 30 to decide on Rosmah Mansor’s fresh bid to disqualify Gopal Sri Ram as senior deputy public prosecutor in her RM1.25 billion solar hybrid project case.
Judge Ahmad Kamal Md Shahid set the date after hearing submissions by Rosmah’s lawyers, Akberdin Abdul Kader and Jagjit Singh, as well as by senior federal counsel Shamsul Bolhassan and Sri Ram, who is representing himself.
The judge said he would deliver the decision via email on Aug 30.
Earlier, Shamsul, who acted for the Attorney-General’s Chambers (AGC), objected to Rosmah’s judicial review application, saying her bid to commence the legal challenge was an abuse of the court process.
"The applicant is trying to interfere with adjudicated criminal proceedings by seeking a challenge in the civil courts," he said.
Meanwhile, Sri Ram submitted that Rosmah’s latest attempt to disqualify him was "asking the court to review another court’s decision", as the Federal Court had ruled that his appointment was valid.
Rosmah, the wife of former prime minister Najib Razak had filed a similar application at the Kuala Lumpur Criminal High Court.
However, her application was dismissed. She appealed, but it was also dismissed by the appeals court and the apex court.
At today’s proceedings, Rosmah’s lawyer, Akberdin, submitted that his client should be allowed to commence the legal challenge, saying they had an arguable case and that Rosmah was "adversely affected" by Sri Ram’s appointment as an ad hoc prosecutor in her corruption trial.
Rosmah, 70, filed an application for judicial review on June 24 in the High Court (Appeal and Special Powers), naming the attorney-general/public prosecutor, the government and Sri Ram as respondents.
In her latest application, Rosmah is seeking a declaration that the appointment of Sri Ram as senior deputy public prosecutor through three letters of appointment (fiat), dated July 8, 2020, May 11 and May 21, 2021, respectively, is unlawful.
She is also seeking a declaration that the entire prosecution proceedings and full trial for the solar case from its start on Nov 15, 2018 until the defence closed the case are invalid and void, and that she should be acquitted of all charges under Section 16 (a)(A) of the Malaysian Anti-Corruption Commission Act 2009.
Rosmah is accused of one count of 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 Rizal Mansor, as a reward for helping Jepak Holdings secure a RM1.25 billion project to provide solar hybrid energy in 369 schools in rural Sarawak.