Appeals Court set June 22 for decision on Rosmah's challenge over Sri Ram's appointment

Judge Datuk Hanipah Farikullah, who led a three-member bench fixed the date after hearing submissions from Rosmah's counsels Datuk Jagjit Singh and Datuk Akberdin Abdul Kader while Senior Federal Counsel Shamsul Bolhassan and Liew Horng Bin acted for the Attorney-General/Public Prosecutor, the Government of Malaysia and Sri Ram as respondents.

"We thank all parties for the comprehensive submissions and after deliberating, we need more time to consider the submission of parties and also, we need to read the legal authorities and the records of appeal. Therefore, we reserve the decision on June 22 at 9 am in open court," said Justice Hanipah, who sat with judges Datuk Che Mohd Ruzima Ghazali and Datuk See Mee Chun.

Earlier before hearing submissions, Justice Hanipah said, despite the demise of Sri Ram, the court found that the matter contained a live issue on Sri Ram's fiat (authorisation letter) which the appellant (Rosmah) had claimed to be illegal, irregular and defective.

"In our view, his demise will not affect the appeal. I believe it will not be academic," she said.

On Aug 30, 2022, the High Court in Kuala Lumpur refused to give leave to the wife of former prime minister Datuk Seri Najib Razak to commence a judicial review to challenge Sri Ram's appointment as lead prosecutor in her case.

Rosmah, 71, filed the application for leave to initiate a judicial review in the High Court on June 24, 2022, naming the Attorney-General/Public Prosecutor, the Government of Malaysia and Sri Ram as respondents.

She 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 was unlawful.

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

Prior to the judicial review, Rosmah had applied to disqualify Sri Ram but it was dismissed by Justice Mohamed Zaini Mazlan who presided over her solar hybrid corruption trial. Her appeals to the Court of Appeal and Federal Court were also dismissed.

On Sept 1, 2022, Justice Mohamed Zaini found Rosmah guilty of the corruption charges and sentenced her to 10 years in jail and fined RM970 million. She then filed an appeal against her conviction and sentence and the Court of Appeal set four days, from July 11 to 14 to hear her appeal.

Earlier, Shamsul submitted, the appellant failed to comply with Order 53 rule 3(6) of the Rules of Court 2012 which provides that an application for judicial review shall be made promptly and in any event within three months from the date when the grounds for the application first arose or when the decision was first communicated to her.

He said the three months' time limitation was a rigid rule that must complied with by any party seeking to make an application for judicial review.

"The appellant was charged on Nov 15, 2018 and she only filed the application for leave for judicial review on June 24, 2022 whereby there is a delay of three years and three months and 10 days in filing the application for judicial review. Therefore, we pray that the appeal be dismissed with cost," he added.

Akberdin said the appellant's stance was that the leave application was filed within the time.

Therefore, he said the court should allow the leave application and send back the matter to the High Court for substantive argument.