Rosmah Mansor, who seeks to disqualify Gopal Sri Ram from her RM7 million money laundering and tax evasion case, objects to the DPP arguing on his own behalf against her bid.
As a result, the Kuala Lumpur High Court vacated today’s initially scheduled hearing of her bid to disqualify Sri Ram and set tomorrow to hear her legal team’s objection against Sri Ram submitting against her application.
The wife of former prime minister Najib Abdul Razak is seeking to disqualify Sri Ram from prosecuting her money laundering and tax evasion criminal case, which has yet to even come up for full trial.
During open-court proceedings before trial judge Mohamed Zaini Mazlan this afternoon, defence counsel Mohd Reza Rahim objected to Sri Ram submitting in today’s hearing of the disqualification bid.
The lawyer claimed that it may amount to a conflict of interest as Sri Ram is the subject matter of Rosmah’s disqualification bid.
Reza claimed that this contravened Rule 5 of the Legal Profession (Etiquette and Practice) Rules 1978.
The lawyer alleged that the defence team was not earlier informed today that Sri Ram would be submitting against the disqualification bid this afternoon.
Earlier during this afternoon's proceedings, Sri Ram had informed the court that he had instructions from the attorney-general (AG) to submit in today’s hearing of Rosmah’s disqualification bid.
“We were taken by complete surprise when my friend decided to make a ‘U-turn’.
“Nevertheless, my objection stands that he should not argue (in today’s hearing) and my objection is premised on Rule 5(a) of the Legal Profession (Etiquette and Practice) Rules,” Reza said.
The lawyer then suggested that today’s hearing be vacated and that the court set tomorrow morning to hear the defence’s objection against Sri Ram submitting against the disqualification bid.
Zaini then ordered today’s hearing be vacated and set tomorrow morning to hear submissions on whether Sri Ram should be submitting in Rosmah’s application to disqualify him. Rosmah was present in court today.
Sri Ram, who was a former federal court judge and now a lawyer in private practice, was appointed by the AG to be senior DPP in Rosmah’s criminal case.
Zaini is not only presiding over Rosmah’s money laundering and tax evasion case, which has yet to go to trial, but her ongoing corruption trial linked to the RM1.25 billion solar hybrid energy project for 369 rural schools in Sarawak.
Sri Ram is the lead DPP in both criminal court cases against Rosmah.
Rosmah, 70, faces 12 money laundering charges involving RM7,097,750 and five charges of failing to declare her income to the Inland Revenue Board (IRB).
The offences were purportedly committed at Affin Bank Berhad, Bangunan Getah Asli branch, ground Floor, 148 Jalan Ampang, Kuala Lumpur, between Dec 4, 2013, and June 8, 2017, and the IRB office at Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim, KL, between May 1, 2014, and May 1, 2018.
The money laundering charges are framed under Section 4(1) (a) of the Anti-Money Laundering Act, and punishable under Section 4(1) of the act, with a jail term of up to 15 years and a fine of not less than five times the value of the unlawful activity proceeds or RM5 million, whichever is higher.
The tax evasion charges under Section 77(1) of the Income Tax Act 1967, claimed that Rosmah failed to furnish returns of her income - for the 2013 to 2017 assessment years - to the IRB director-general on or before April 30, 2014, 2015, 2016, 2017 and 2018 without reasonable excuse, in alleged contravention of Section 112 of the Act. - Mkini
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