Rosmah Mansor failed for the second time to nullify her corruption case linked to the RM1.25 billion solar hybrid energy project for 369 rural schools in Sarawak.
The Court of Appeal today unanimously allowed the prosecution's preliminary objection (PO) against the appeal by the wife of former prime minister Najib Abdul Razak.
The decision was delivered by the three-person bench chaired by Hanipah Farikullah. The other bench members are M Gunalan and Hashim Hamzah.
Hanipah said the bench agreed with the prosecution's contention that the criminal court has no jurisdiction to grant the declaratory relief sought by appellant Rosmah.
Previously on Nov 15 when raising the PO, deputy public prosecutor Gopal Sri Ram contended that a criminal court has no power to nullify Rosmah Mansor’s corruption case.
Rosmah, who was present during Court of Appeal proceedings today, was appealing against the decision of the Kuala Lumpur Criminal High Court on Sept 24, which dismissed her application to nullify her corruption trial being heard there.
She sought the nullification on her contention about the alleged invalidity of former federal court judge Sri Ram’s letter of appointment for him to prosecute her case. Sri Ram is the lead DPP in her corruption trial.
Earlier, on Feb 18 this year, the High Court in Kuala Lumpur ordered Rosmah to enter her defence, following the prosecution successfully establishing a prima facie case against her in the solar project corruption case.
Lawyers Akberdin Abdul Kader and Jagjit Singh appeared for Rosmah in today's open-court proceedings at the Palace of Justice, Putrajaya.
For the current solar graft trial before the High Court, Rosmah, 70, is facing three charges under Section 16(a)(A) of the MACC Act 2009.
On the first charge, she is accused of soliciting RM187.5 million in bribes from Jepak Holdings Sdn Bhd to help secure an Education Ministry project.
The RM1.25 billion project was intended to supply power to 369 rural schools in Sarawak using a combination of solar and diesel energy.
On the second and third charges, she is accused of receiving RM1.5 million and RM5 million in bribes respectively as a reward for securing the project.
Her trial before High Court judge Mohamed Zaini Mazlan is scheduled to resume on Wednesday this week. - Mkini
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