Verdict on Rosmah’s second recusal bid against Sri Ram set for Aug 30

The Kuala Lumpur High Court has fixed Aug 30 to rule on Rosmah Mansor’s second legal bid to oust Gopal Sri Ram from prosecuting her corruption case involving the RM1.25 billion solar hybrid energy project.

Judge Ahmad Kamal Md Shahid set the date after listening to the Attorney-General’s Chambers (AGC) objection against Rosmah’s judicial review leave application this morning.

The AGC had contended that the judicial review leave application by the wife of former prime minister Najib Abdul Razak is an abuse of the court process.

Federal counsel Shamsul Bolhassan acting on behalf of the AGC raised that the applicant was trying to interfere with adjudicated criminal proceedings by seeking a challenge in the civil courts.

Rosmah filed a similar application last year in the criminal jurisdiction of the High Court.

However, her application was dismissed and her appeals against the ruling were also rejected by the Court of Appeal and the Federal Court.

Sri Ram, the third respondent in the case, reminded that the Federal Court upheld the ruling that his appointment was valid.

In response, Rosmah’s counsel Jagjit Singh argued that the applicant was not attempting to usurp the powers of the criminal court judge, adding that only civil courts could provide the declaration the applicant sought.

He added that the Court of Appeal and the Federal Court in their rulings did not focus on the merits of Rosmah’s application.

Not within time frame

Meanwhile, Shamsul also argued that the leave application was made out of time, as per Order 53 rule 3(6) of the Rules of Court 2012.

Order 53 states that an application for judicial review should be made within three months from the date when grounds for the application first arose or when the decision was first communicated to the applicant.

Shamsul maintained that there was a delay of over three years as the applicant had only filed for judicial review application on June 24 this year when she was charged on Sept 15, 2018.

To this, Jagjit took the position that the application was made 28 days from the Federal Court ruling on May 27 this year.

Rosmah claims unlawful appointment

In Rosmah’s latest application to challenge Sri Ram’s appointment, the 70-year-old’s legal action named the attorney-general/public prosecutor, the government and Sri Ram as respondents.

Rosmah seeks 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 - were not lawful.

She wants the court to declare that the first version of the fiat signed by Attorney-General Idrus Harun on July 8, 2020 - which should have been signed by the previous attorney-general Tommy Thomas on or before Nov 15, 2018, ie the date of prosecution against the applicant - is not valid.

She also seeks a declaration that the second version of the fiat - dated May 11, 2021 - was non-existent as Thomas in his book ‘My Story: Justice in the Wilderness’ published in 2021 claimed that Sri Ram’s appointment was related to the 1MDB case and not her solar corruption trial.

Rosmah is charged with soliciting RM187.5 million and two counts of receiving bribes of RM6.5 million from Jepak Holdings Sdn Bhd’s former managing director Saidi Abang Samsuddin through her former special officer Rizal Mansor.

It was allegedly done as an inducement to help the company (Jepak Holdings) to secure the Hybrid Photovoltaic Solar System Integrated Project and Maintenance and Operation of Genset/Diesel for 369 Sarawak rural schools.

The High Court has fixed Sept 1 to decide whether Rosmah walks free or is found guilty over the case.

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Rosmah again files bid to challenge Sri Ram's appointment

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