Rosmah Mansor has filed an appeal at the Federal Court against the decision of the Court of Appeal which dismissed her application to challenge the appointment of Gopal Sri Ram (now deceased) as the lead prosecutor in her corruption case involving a hybrid solar project worth RM1.25 billion.
The wife of former prime minister Najib Razak, who filed the appeal today through the legal firm of Messrs. Akberdin & Co, submitted several legal questions for the court to consider.
The questions included whether Attorney-General 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 Nov 15, 2018, being that, in fact, and law, Idrus was only appointed as 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 the 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 government of Malaysia and Sri Ram as respondents.
In the judicial review application, Rosmah sought a declaration that Sri Ram's appointment as senior deputy public prosecutor 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 Nov 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 hybrid corruption trial. Her appeals to the Court of Appeal and Federal Court were also dismissed.
On Sept 1, 2022, justice Mohamed Zaini found Rosmah guilty of the corruption charges and sentenced her to 10 years in jail and a fine of RM970 million. 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.