PUTRAJAYA (Jan 7): The Federal Court has fixed March 24 to hear the appeal by Datin Seri Rosmah Mansor to declare her present solar hybrid graft trial to be a nullity due to questions surrounding lead prosecutor Datuk Seri Gopal Sri Ram's fiat appointment to prosecute her.
The date was fixed on Friday (Jan 7) before the apex court's deputy registrar Siti Hajar Mustaffa.
Rosmah was represented by her counsel Datuk Jagjit Singh, while Deputy Public Prosecutor Poh Yin Tinn appeared for the prosecution.
On Dec 6, the Court of Appeal (COA) dismissed Rosmah's appeal to disqualify Sri Ram from leading the prosecution and declare her ongoing trial a nullity.
As a result, Sri Ram, a former Federal Court judge, continues to lead the prosecution.
COA Judge Justice Datuk Hanipah Farikullah, who led a three-member bench, said a criminal court does not have the jurisdiction to grant the declaration sought by Rosmah, namely that her solar project graft trial is a nullity.
“The bench is of the view that the relief sought falls within the matters allowed within the Criminal Procedure Code. However, there is nothing in the Criminal Procedure Code which confers powers and jurisdiction on the court exercising its criminal jurisdiction to grant declaratory orders.
“Based on the foregoing reasons, it is our considered view that the court in the exercise of its criminal jurisdiction has no jurisdiction to grant the relief sought by the appellant [that her trial is a nullity].
“Accordingly, the appeal is hereby dismissed,” the judge said.
Sitting with Justice Hanipah in making the unanimous decision were Justices Datuk M Gunalan and Datuk Hashim Hamzah.
Rosmah, 70, is on trial in the High Court for three charges in relation to the RM1.25 billion project to equip 369 schools in rural Sarawak with solar hybrid power.
She is facing a charge of soliciting RM187.5 million and two charges of receiving bribes totalling RM6.5 million from former Jepak Holdings Sdn Bhd managing director (MD) Saidi Abang Samsudin through her former assistant Datuk Rizal Mansor as a reward for assisting the MD secure the solar hybrid project.
Her cross-examination and re-examination were concluded before Christmas, and the trial is set to resume next Monday and Tuesday (Jan 10 and 11), with her husband Datuk Seri Najib Razak taking the stand in her defence.