The July 7 Kuala Lumpur High Court verdict on Rosmah Mansor’s corruption case is still on.
Today, the Federal Court dismissed an appeal by the wife of former prime minister Najib Abdul Razak to quash her graft case linked to the RM1.25 billion solar hybrid energy project for 369 rural schools in Sarawak.
In a unanimous decision, the apex bench chaired by judge Mohd Zawawi Salleh denied her appeal. The other bench members were judges Vernon Ong Lam Kiat and Mohamad Zabidin Mohd Diah.
On Dec 6 last year, the Court of Appeal denied Rosmah’s (above) second bid to nullify her corruption case. The Appellate Court did not hear the merits of her appeal as it allowed a preliminary objection (PO) by the prosecution against her appeal.
The prosecution’s PO was that, unlike a civil court, a criminal court has no power to issue declaratory orders to nullify Rosmah’s corruption case.
Earlier on Sept 24 last year, the High Court dismissed Rosmah’s application to nullify her corruption case on grounds that former federal court judge Gopal Sri Ram’s letter of appointment - for him to prosecute her case - was invalid.
The lower court previously set July 7 to deliver its decision on the graft case, where Rosmah was being tried for allegedly soliciting RM187.5 million in bribes and purportedly receiving RM6.5 million from former Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin.
She was alleged to have received the money through her then assistant Rizal Mansor.
The bribe was in relation to Rosmah's alleged role in helping Jepak Holdings win a RM1.25 billion contract to supply electricity to rural schools in Sarawak.
Judge explains
During open-court proceedings around midday today, Zawawi ruled that the apex bench was in agreement with the Court of Appeal’s reasoning regarding the PO.
He said that only the civil court has inherent jurisdiction to grant declaratory relief per the Courts of Judicature Act 1964, Rules of Court 2012, and Specific Relief Act 1950.
“The Criminal Procedure Code is a complete and comprehensive law on procedures in criminal proceedings.
“Thus the question of whether the criminal court has power to grant declaratory relief does not arise,” Zawawi said.
The apex court also dismissed two other appeals by Rosmah.
The first was on whether it was proper for Sri Ram to represent the prosecution in today’s matter, and the second was to stay the main solar graft case pending disposal of today’s appeal.
Earlier today during proceedings before the Federal Court, Rosmah’s counsel Akberdin Abdul Kader questioned the sincerity of the prosecution in raising the PO back at the Court of Appeal.
The lawyer contended that the defence was not given sufficient notice regarding the PO, hence Rosmah’s appeal should be allowed and the merits of her appeal be properly heard at the Appellate Court.
However, Sri Ram countered that Rosmah’s legal team were given sufficient notice regarding the PO as the prosecution first raised it during the Court of Appeal hearing on Nov 15 last year.
The ad hoc prosecutor noted that the defence then had not raised objections, and was even given time to prepare counter-submissions against the PO for further hearing before the Appellate Court on Dec 6.
“They were given ample opportunity to argue the case,” Sri Ram submitted. - Mkini
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