AGC opposes Rosmah's new bid to challenge Sri Ram's appointment

KUALA LUMPUR: The Attorney-General's Chambers (AGC) has objected to Datin Seri Rosmah Mansor's new application to challenge the appointment of Datuk Seri Gopal Sri Ram as senior deputy public prosecutor in the RM1.25 billion solar hybrid project case and nullify the entire trial proceedings since 2018.

Rosmah's counsel Datuk Jagjit Singh said they received the objection notice from AGC via email today at about 2.50 pm and needed time to prepare a written submission on the matter.

"We need a week to prepare a written submission in response to the objection," he said during today's proceedings before High Court Judge Datuk Ahmad Kamal Md Shahid via Zoom.

The court had fixed today to hear Rosmah's application to obtain leave to initiate a judicial review. Senior federal counsel Shamsul Bolhassan acted for the AGC.

Meanwhile, Sri Ram, who was named as the third respondent in Rosmah's application said he filed an affidavit last month to oppose the leave for judicial review as it is an abuse of the court process.

Judge Ahmad Kamal fixed Aug 4 to hear the AGC and Sri Ram's objections against Rosmah's application.

The AGC opposed the application on the grounds that there is no arguable case and that it was frivolous, vexatious and an abuse of the court process.

The AGC contended that the trial of the applicant (Rosmah) on the charges framed against her has been completed and the trial court has fixed Sept 1 to deliver judgment at the close of the whole case.

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

Meanwhile, Sri Ram in his affidavit contended that the issues which the applicant raised in the instant proceedings were all raised and adjudicated before the Criminal High Court (the trial court).

Rosmah, 70, filed an application for judicial review on June 24 in the High Court (Appeal and Special Powers) naming the Attorney General/Public Prosecutor, Government of Malaysia and Sri Ram as respondents.

Earlier, the wife of former Prime Minister Datuk Seri Najib Tun Razak had filed a similar application at the Criminal High Court here.

However, her application was rejected by the High Court and her appeal against the application was also rejected by the Court of Appeal and the Federal Court.

In her latest application, Rosmah sought a declaration that the appointment of Sri Ram as Senior Deputy Public Prosecutor through three letters of appointment (fiat), dated July 8, 2020, May 11 and May 21, 2021, respectively, was unlawful.

In addition, Rosmah sought a declaration that the entire prosecution proceedings and full trial for the solar case which took place since 15 Nov 2018 until the defence closed the case were invalid and void and she must be acquitted of all charges under Section 16 (a) (A) of the Malaysian Anti-Corruption Commission Act 2009.

Rosmah is accused of soliciting RM187.5 million and two counts of accepting bribes amounting to RM6.5 million from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin through her former aide Datuk Rizal Mansor as a reward for helping Jepak Holdings secure a RM1.25 billion project to provide solar hybrid energy in 369 schools in rural Sarawak.

-- BERNAMA