Friday 29 Mar 2024
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KUALA LUMPUR (Aug 19): The High Court has dismissed Datin Seri Rosmah Mansor's application to bar former Federal Court judge Datuk Seri Gopal Sri Ram from prosecuting her in her graft trial.

Rosmah had questioned Sri Ram's role as a senior deputy public prosecutor (DPP) in her case, claiming that he was previously appointed by the attorney-general to only handle 1Malaysia Development Bhd (1MDB)-related cases.

Her lawyer Datuk Jagjit Singh had submitted that there was no press announcement on Sri Ram’s appointment to lead the prosecution in Rosmah’s case, and that she had serious concerns over the possibility of abuse of power in the appointment.  

In giving his decision today, Justice Mohamed Zaini Mazlan said Rosmah in her application did not give any justification in seeking the production of Sri Ram's fiat or letter of appointment.

“More importantly, the applicant had not given any basis to contend that she has the right in law to demand for a copy of the letter of appointment. The court could not act on a lacuna. There must be cogent reasons for every application. There seems to be none here,” Mohamed Zaini said.

The judge added that Sri Ram had appeared and led the prosecution team from the outset, appeared on numerous occasions in the trial, and his presence and conduct in the case is public knowledge.

“The applicant and her team of able counsels had never once taken issue with [Sri Ram’s] presence until now. It is far too late in the day for the applicant to now seek evidence of [his] appointment.

“I would further add that the appointment of [Sri Ram] must be deemed to have been made legitimately by the attorney-general unless there is compelling evidence to the contrary,” the judge said.

Rosmah, the wife of former prime minister Datuk Seri Najib Razak, is accused of soliciting RM187.5 million from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin, and receiving RM5 million and another RM1.5 million in 2016 and 2017 respectively, in exchange for her help in securing for the company a RM1.25 billion project to equip 369 schools in rural Sarawak with solar hybrid power.

Rosmah had contended that the amount received by her was a political contribution for Umno, Najib’s political party.

The trial continues on Sept 7.

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