Rosmah Mansor claimed that former attorney-general Tommy Thomas and DPP Gopal Sri Ram plotted together to oppress her similar to what they did to her husband, ex-premier Najib Abdul Razak.
She made this claim in her affidavit-in-reply filed as part of her application to nullify her corruption trial linked to the RM1.25 billion solar hybrid energy project involving 369 rural schools in Sarawak.
Rosmah was responding to Thomas’ affidavit filed in support of Sri Ram’s bid to have the Kuala Lumpur High Court dismiss Rosmah's application to invalidate her graft trial. Sri Ram is the lead DPP in her corruption case.
On May 6, Rosmah filed the trial nullification application on grounds that Sri Ram’s appointment letter as DPP to prosecute her case was invalid and not properly done. Sri Ram is a former Federal Court judge and currently in private practice as a lawyer.
Rosmah is seeking a court declaration that, among others, Sri Ram’s appointment as DPP for her solar energy project corruption case, under Sections 376(3) and 379 of the Criminal Procedure Code (CPC), via the appointment letter was illegal, irregular and defective under law.
In his affidavit filed on May 17, Thomas stressed that he as then attorney-general had properly appointed Sri Ram to prosecute multiple high-profile criminal cases which included Rosmah’s corruption case.
Thomas contended that the appointment was in accordance with Section 376 (3) of the Criminal Procedure Code (CPC) as Sri Ram was under his general control and directive and was in a position to exercise all the powers of the public prosecutor.
In response, a day later (May 18), Rosmah through her aide had lodged a police report against Thomas over the affidavit claiming that the former attorney-general had lied or committed perjury through his affidavit.
It was previously reported that Sri Ram was also appointed to prosecute Najib’s ongoing RM2.28 billion 1MDB corruption case among other high-profile criminal trials.
In her latest court filing, Rosmah claimed that another police report has also been lodged against Thomas by one Hamidah Osman on May 20 in regard to the former attorney-general's alleged deceit and perjury linked to his affidavit.
She urged the court to consider the police reports lodged when perusing Thomas’ affidavit in support of Sri Ram’s contention for her trial nullification bid to be dismissed.
“What is clear is that Tommy Thomas had conspired and plotted with Gopal Sri Ram to ensure their malicious agenda to oppress me is achieved as they have done to Mohd Najib Abdul Razak,” she contended.
She also described Thomas’ affidavit as a mere "afterthought".
High Court judge Mohd Zaini Mazlan is set to hear Rosmah’s application on June 3.
On Feb 18, Rosmah was ordered by the High Court to enter her defence in her solar energy project corruption case.
On April 8, the Court of Appeal allowed her appeal to obtain a copy of Sri Ram's appointment letter following the prosecution conceding to provide it to the defence team.
This was after she appealed against the High Court decision last year to dismiss her bid to access a copy of Sri Ram’s letter of appointment.
Alongside the present trial nullification bid, Rosmah’s legal team has also filed at the High Court an application to strike down the validity of Sri Ram’s appointment as an ad hoc DPP.
According to the notice of motion seeking to invalidate the graft trial, Rosmah is seeking, among other things, a court declaration that the High Court criminal proceedings, which have been ongoing since Nov 15, 2018, are null and void and be declared a mistrial.
She seeks a court declaration that Sri Ram’s appointment as DPP for the solar energy project corruption case, under Sections 376(3) and 379 of the Criminal Procedure Code (CPC) via the fiat (appointment letter) was illegal, irregular, and defective under law.
Rosmah is also seeking a declaratory order that “the fiat could not be utilised for the prosecution on the applicant (Rosmah) for the case because Sri Ram was appointed as senior DPP to lead the prosecution’s case of 1MDB inter alia the title of the fiat”.
She seeks a court declaration for her to be discharged and acquitted from all charges she is facing in the solar energy project corruption case.
Rosmah is also seeking an order to suspend the trial pending disposal of the trial nullification bid. - Mkini
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