Rosmah Mansor will know on Sept 9 whether she succeeds in nullifying her corruption case linked to the RM1.25 billion Sarawak solar hybrid project.
The High Court in Kuala Lumpur set the decision date after hearing submissions from the parties in the matter earlier today.
“I need time to deliberate on the decision. I propose to give my decision on Sept 9,” judge Mohamed Zaini Mazlan told legal teams for the prosecution and for Rosmah today.
On May 7, Rosmah, who is the wife of former prime minister Najib Abdul Razak, filed an application to nullify her corruption trial linked to the solar project for 369 rural schools in Sarawak.
The crux of Rosmah’s application to nullify her corruption trial hinges on the validity of former federal court judge Gopal Sri Ram’s letter of appointment for him to prosecute her case.
Sri Ram is the lead prosecutor in the corruption trial against Rosmah, who on Feb 18 was ordered by the High Court to enter her defence.
During submissions earlier today, Sri Ram submitted that the attorney-general (AG) has the power to appoint a private lawyer to be a deputy public prosecutor (DPP) to prosecute criminal cases retrospectively (to prosecute criminal cases that first came to the court prior to the date of the AG’s authorisation).
The former federal court judge contended that this is based on the reading of both Section 50(b) of the Consolidated Interpretation Acts 1948 and 1967, as well as Section 376 (3) of the Criminal Procedure Code.
Section 376 (3) deals with the authority of the public prosecutor (the AG) to appoint a DPP who would exercise the power of the public prosecutor.
Section 50(b) is in relation to situations where, via written law, an authority that is empowered to appoint a person to exercise any function may make such appointments have retrospective effect.
Sri Ram was referring to the recent letter of appointment signed by current AG Idrus Harun, which is dated May 21 this year.
Previously, proceedings had heard that there were two other letters of appointment prior to the latest one, mainly the one by then AG Tommy Thomas on Aug 20, 2018, and another one by Idrus on July 8, last year.
Rosmah’s legal team had previously submitted that the backdated letter of appointment is invalid and should nullify the entire corruption against her. She was first charged in October 2018. - Mkini
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