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10 APRIL 2024

Wednesday, July 6, 2022

AGC: Rosmah’s second recusal bid against Sri Ram an abuse of process

 


The Kuala Lumpur High Court has fixed Aug 4 to hear the Attorney-General’s Chambers (AGC) objection against Rosmah Mansor’s second legal bid to oust Gopal Sri Ram from prosecuting her corruption case involving the RM1.25 billion solar hybrid energy project.

Judge Ahmad Kamal Md Shahid set the date during case management of the judicial review leave application via zoom this afternoon.

During the online proceedings, Rosmah’s counsel Jagjit Singh said they were only served a copy of the objections this afternoon, thus needing more time to respond to it.

The judge then set the Aug 4 hearing date to hear submissions from parties over the AGC’s objections.

According to a copy of the objection, the AGC contended that the judicial review leave application by the wife of former prime minister Najib Abdul Razak is an abuse of process.

It claimed this is because the High Court has completed hearing the defence stage of the corruption case against Rosmah and has set Sept 1 to deliver its verdict.

“Therefore, what the applicant is seeking to do in the instant proceedings constitutes an interference with the due administration of justice.

“For this reason, as well as the application for judicial review, it is, therefore, an abuse of the court process,” senior federal counsel Shamsul Bolhassan contended on behalf of the AGC.

Rosmah’s application

On June 24, Rosmah, 70, once again filed an application to challenge the appointment of former federal court judge Sri Ram as deputy public prosecutor in her graft case linked to the project for 369 rural schools in Sarawak.

Deputy public prosecutor Gopal Sri Ram

Her legal action named the attorney-general/public prosecutor, the government and Sri Ram as respondents.

Last year, Rosmah filed a similar application in the criminal jurisdiction of the High Court.

However, her application was dismissed and her appeals against the ruling were also rejected by the Court of Appeal and the Federal Court.

In her latest bid, Rosmah sought a declaration that Sri Ram’s appointment as senior deputy public prosecutor through three letters of appointment (fiat) - dated July 8, 2020, May 11 and May 21, 2021, respectively - were not lawful.

She wanted the court to declare that the first version of the fiat signed by Attorney-General Idrus Harun on July 8, 2020 - which should have been signed by the previous attorney-general Tommy Thomas on or before Nov 15, 2018, ie the date of prosecution against the applicant - was not valid.

She also sought a declaration that the second version of the fiat - dated May 11, 2021 - was non-existent as Thomas in his book My Story: Justice in the Wilderness published in 2021, claimed that Sri Ram’s appointment was related to the 1MDB case and not her solar corruption trial.

Rosmah is charged with soliciting RM187.5 million and two counts of receiving bribes of RM6.5 million from Jepak Holdings Sdn Bhd’s former managing director Saidi Abang Samsuddin through her former special officer Rizal Mansor.

It was allegedly done as an inducement to help the company (Jepak Holdings) to secure the Hybrid Photovoltaic Solar System Integrated Project and Maintenance and Operation of Genset/Diesel for 369 Sarawak rural schools.

The High Court has fixed Sept 1 to deliver its decision on whether Rosmah walks free or is found guilty over the case. - Mkini

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