ROSMAH Mansor today failed in her bid to disqualify lead prosecutor Gopal Sri Ram in her ongoing graft trial and to have the case against her dismissed.

In her judgment, appeals court judge Hanipah Farikullah said the panel – including M. Gunalan and Hashim Hamzah – had rejected both appeals after reviewing submissions from Sri Ram and Rosmah’s lawyer Jagjit Singh. 

The wife of former prime minister Najib Razak had appealed against the High Court’s refusal to throw out the case against her, while also seeking to disqualify Sri Ram as the lead prosecutor.

Rosmah is facing a charge of soliciting RM187.5 million in bribes and two further charges of receiving RM6.5 million in bribes from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin through her former assistant Rizal Mansor as a reward for assisting Jepak Holdings secure a RM1.25 billion project to equip 369 schools in rural Sarawak with hybrid solar power.

Hanipah said the judges agreed with a preliminary objection raised by the prosecution that the High Court had no jurisdiction to grant the declaratory relief Rosmah sought.

She said that they were of the view that the reliefs must fall within the matters allowed under the Criminal Procedure Code (CPC).

“The reliefs sought are purely declaratory orders specifically provided for under the specific relief act,” she said.

On September 24, High Court judge Mohamed Zaini Mazlan dismissed Rosmah’s bid to recuse Sri Ram and said his appointment in 2018 by then attorney-general Tommy Thomas was valid under sections 376, 377, 378 and 379 of the CPC.

Zaini also accepted an alternative submission that the backdated appointment letter issued by Attorney-General Idrus Harun for Sri Ram on May 21 could cure any defect in the appointment process.

He said this was because section 50(b) of the Interpretation Act 1948/1967 allows any authority to make an appointment with retrospective effect.

Rosmah’s trial in the High Court is scheduled to resume on Wednesday. – December 6, 2021.