Sept 9 decision on Rosmah's bid to disqualify Sri Ram, nullify her trial

KUALA LUMPUR: The High Court here today has fixed Sept 9 for a decision on Datin Seri Rosmah Mansor's application to nullify her RM1.25 billion corruption trial over the solar hybrid project and to disqualify Datuk Seri Gopal Sri Ram as the lead prosecutor in the case.

Judge Mohamed Zaini Mazlan set the date after hearing submissions from Sri Ram as Senior Deputy Public Prosecutor and counsel Datuk Jagjit Singh, who is representing Rosmah.

"I need time to deliberate on the decision. I propose to give my decision on Sept 9, at 9 am," the judge said.

Earlier, Sri Ram submitted that his appointment under Section 376 (3) of the Criminal Procedure Code (CPC) as Senior Deputy Public Prosecutor from Aug 30, 2018, by the then Attorney-General Tan Sri Tommy Thomas was valid.

Section 376 (3) deals with the authority of the public prosecutor (the AG) to appoint a DPP who would exercise the power of the public prosecutor.

Sri Ram also submitted that the current AG Tan Sri Idrus Harun, who has issued a backdated letter on his appointment on May 21, this year could cure any defect by Thomas because Section 50 (b) of the Interpretation Acts 1948/1967 (Act 388) empowered any authority to make an appointment with retrospective effect.

"In like manner, Parliament has conferred power upon an executive or administrative authority to make a retrospective appointment," Sri Ram said.

Meanwhile, Jagjit contended that Sri Ram's appointment was meant to conduct the 1Malaysia Development Berhad (1MDB) trial which involved Datuk Seri Najib Tun Razak and was not related to Rosmah's solar case.

"Sri Ram has no legal authority or locus standi to appear in this trial. His letter of appointment has nothing to do with Rosmah's solar project case," he said.

Rosmah, 69, filed the applications after the Court of Appeal had on April 8 allowed her appeal to get a copy of Sri Ram's appointment letter after the prosecution agreed to provide it to the defence team.

Rosmah brought the matter up for appeal after the High Court dismissed her application over Sri Ram's appointment letter on Aug 19 last year.

The appointment letter was not dated on or before Nov 15, 2018, the day Rosmah was charged in court, and was not signed by then Attorney-General Tan Sri Tommy Thomas.

Instead, the letter was dated July 8 last year and signed by Idrus.

-- BERNAMA