Court dismisses Rosmah’s second bid to recuse Sri Ram

Former federal court judge Gopal Sri Ram remains the deputy public prosecutor in Rosmah Mansor’s corruption case linked to the RM1.25 billion solar hybrid energy project.

The Kuala Lumpur High Court (Appellate and Special Powers) this afternoon dismissed the judicial review leave application by the wife of former prime minister Najib Abdul Razak.

With the denial of leave to proceed, the civil court will not be hearing the merits of Rosmah’s judicial review seeking to remove Sri Ram from the prosecution team.

Rosmah filed a similar application last year in the High Court of criminal jurisdiction. However, her bid was dismissed and her appeals were also rejected by the Court of Appeal and the Federal Court.

The criminal court has set Thursday for the verdict in the graft case, which would either see her walk free or be convicted and sentenced.

When contacted after proceedings today, senior federal counsel Shamsul Bolhassan - who is from the Attorney-General’s Chambers (AGC) - confirmed the ruling delivered by civil court judge Ahmad Kamal Md Shahid.

Shamsul represents the respondents targeted by Rosmah’s judicial review, namely AGC, Sri Ram and the government.

Rosmah was represented by counsel Akberdin Abdul Kader.

Preliminary objection

According to the decision conveyed via email to the parties concerned, Kamal agreed with the respondents’ preliminary objection (PO) raised against leave being granted.

The PO in question is that the judicial review was filed out of time, as Rosmah was first charged at the criminal court on Nov 15, 2018, but she only filed the civil action on June 24 this year.

The respondents had cited Order 53 Rule 3 (6) of the Rules of Court 2012, which states that a judicial review leave application shall be made promptly within three months from the date when the grounds for such a bid arises, or when the decision was first communicated to the applicant.

The judge agreed with the respondents’ prior submissions that there was a delay of three years and three months in Rosmah’s filing of the legal action.

Kamal also disagreed with the arguments put forward by Rosmah’s lawyers that the grounds for the judicial review arose on May 27, 2022.

On that date, the apex court dismissed her appeal to quash her solar graft case.

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