KUALA LUMPUR: Rosmah Mansor, who is facing money laundering and tax evasion charges, says Attorney-General Idrus Harun exceeded his authority in appointing former Federal Court judge Gopal Sri Ram to prosecute the case.
The wife of former prime minister Najib Razak said Sri Ram’s appointment letter as senior deputy public prosecutor under Section 376(3) of the Criminal Procedure Code, dated May 21 last year, did not include this case.
“Even if the court takes the position that Idrus had acted in accordance with the powers given to him, Sri Ram is not a fit and proper person to lead the prosecution in my case.
“He is only entrusted to go through 1MDB investigation papers and prosecute those responsible in those cases,” she said in her affidavit to disqualify Sri Ram, sighted by FMT.
Rosmah said her lawyers would elaborate on this matter during submissions.
The application to remove Sri Ram is first on the list when several other matters are scheduled to be heard before High Court judge Mohamed Zaini Mazlan on Feb 3.
This is the second attempt by Rosmah to disqualify Sri Ram from prosecuting her case.
Last year, she failed in her bid to remove Sri Ram in her on-going corruption trial involving the RM1.25 billion Sarawak schools’ solar energy project after Zaini ruled that he was competent to prosecute her.
Zaini said Sri Ram’s appointment under Section 376 (3) of the CPC was wide in nature.
The Court of Appeal upheld Zaini’s ruling on Dec 6.
On Feb 3, Zaini will also hear Rosmah’s application – her second – to remove him from hearing the money laundering and tax evasion case.
On Dec 14, Zaini dismissed Rosmah’s application to disqualify him from hearing the trial as he would be prejudiced, since he was also the presiding judge in her corruption trial linked to the solar energy project.
Rosmah is facing 12 money laundering charges involving RM7,097,750 and five counts of failure to declare her income to the Inland Revenue Board (LHDN).
She is accused of committing the offences between Dec 4, 2013 and June 8, 2017. - FMT
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