PUTRAJAYA (Dec 6): Former Federal Court judge Datuk Seri Gopal Sri Ram is to continue leading the prosecution in Datin Seri Rosmah Mansor’s corruption trial linked to the RM1.25 billion solar hybrid project.
The Court of Appeal on Monday (Dec 6) dismissed Rosmah’s appeal to recuse the former Federal Court judge from leading the prosecution in her graft trial and declare her trial a nullity.
Justice Datuk Hanipah Farikullah, who chaired the bench, said the appeal was dismissed on the grounds that a criminal court does not have the jurisdiction to grant declarations sought by Rosmah, namely that her solar project graft trial is a nullity.
“We are of the view that the relief prayed for must fall 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,” she said.
Justice Hanipah was joined by Justices Datuk M Gunalan and Datuk Hashim Hamzah in making the unanimous decision.
Prior to the bench’s decision, Sri Ram in his submission posited that the court has no power to provide the declaratory relief sought by Rosmah — that her trial is a nullity — as there are no provisions under the Criminal Procedure Code that empowers a criminal court to grant declaratory relief.
“Based on the provisions of the Criminal Procedure Code, a court exercising criminal jurisdiction has no jurisdiction or power to issue declaratory relief.
“There is nothing in the Criminal Procedure Code that empowers a [criminal] court to grant declaratory relief,” he said.
The former Federal Court judge labelled the appeal as a “waste of the court’s time” as a criminal court cannot grant the declarations sought by Rosmah in her appeal.
“These declarations cannot be granted by a criminal court, so this appeal is a total and utter waste of the court’s time. The order of the High Court judge should be upheld and the appeal should be dismissed because the court has no jurisdiction to grant the relief sought,” Sri Ram said.
Rosmah, dressed in a cream baju kurung and pink face mask, was present to follow the appeal hearing at the Court of Appeal on Monday.
The former premier’s wife was represented by Datuk Jagjit Singh and Datuk Akberdin Abdul Kader.
Previously, she was absent from the appeal proceeding last Thursday (Dec 2) and was threatened with a warrant of arrest to be issued on her after she failed to obey a High Court order.
According to the High Court order issued on Oct 15, Rosmah was ordered to return on or before Nov 21 and surrender her passport before Dec 6.
The High Court had temporarily released Rosmah’s passport to enable her to go to Singapore to accompany her daughter Nooryana Najwa, who recently delivered her second child in a private hospital in Singapore.
Before the appeal proceeding on Monday began, Jagjit apologised to the bench for Rosmah’s absence last week and also relayed his client’s apology.
“I express profound apologies to my lady, my lords for the absence of the appellant last week, she expresses her sincere apologies,” he said.
With the appeal’s dismissal, Sri Ram can continue to lead the prosecution in Rosmah’s graft trial, which is fixed to continue on Wednesday (Dec 8).
Rosmah is on trial at 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.
The 69-year-old is facing a charge of soliciting RM187.5 million and two charges of receiving bribes totalling RM6.5 million from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin through her former assistant Datuk Rizal Mansor as a reward for assisting the former secure the solar hybrid project.