THE appointment of Gopal Sri Ram as the lead prosecutor in Rosmah Mansor’s RM1.25 billion solar hybrid project corruption trial is illegal, irregular and defective, said her lawyer today. 

Defence counsel Jagjit Singh also told the Kuala Lumpur High Court that Sri Ram’s backdated appointment letter is unacceptable as it was dated after the start of the trial. 

He noted that Rosmah was charged in court on November 15, 2018 while Sri Ram’s appointment letter was dated July 8, 2020.

“(As such) the appointment of Sri Ram as senior deputy public prosecutor through fiat dated July 8, 2020 is illegal, irregular and defective under material law,” he submitted.

Previously, a sworn affidavit on behalf of Sri Ram was filed in the High Court on May 17, in which former attorney-general Tommy Thomas stated that he personally authorised Sri Ram to prosecute the solar case. 

Thomas said the appointment need not be in writing in accordance with Section 376(3) of the Criminal Procedure Code.

Jagjit, however, today described the affidavit as “shocking”, “a sheer after-thought” and “an absolute sign of desperation”. 

“Any issue of the letter of appointment dated July 8, 2020 being regarded as having retrospective effect to November 15, 2018 must be permanently buried in the dungeons of the A-G’s Chambers,” he said.

Jagjit also alleged and contended that Sri Ram has a personal interest in the case and should not be involved.

In response, judge Mohamed Zaini Mazlan asked the lawyer why Sri Ram would greatly influence the case with bias since he is merely the prosecutor and not the judge of the case. 

“Wouldn’t it be more applicable if a judge has vested interest? Sri Ram, as a lawyer, is not judging the case. I am judging the case,” Zaini said. 

Jagjit also questioned why there are no other capable deputy public prosecutors other than Sri Ram to lead the case. 

To which, Sri Ram said it was the choice of the public prosecutor.

The court today heard Rosmah’s bid to nullify her RM1.25 billion solar hybrid project corruption trial and to disqualify Gopal Sri Ram as the lead prosecutor in the case. 

The defence filed an application on May 6 after the Court of Appeal on April 8 allowed Rosmah’s appeal to obtain a copy of Sri Ram’s appointment letter, after the prosecution conceded to provide it to the defence team.

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

The appointment letter was not dated on or before November 15, 2018, the day Rosmah was charged in court and was not signed by then A-G Tommy Thomas.

Instead, the letter was dated July 8 last year and signed by current A-G Idrus Harun.

“The action of Sri Ram in handling the solar case is an act of abuse of court process and the act of contempt of this honourable court,” Jagjit submitted.

“Since the proceedings of the solar case are null and void, as well as in the form of a místrial, the applicant, as the accused in the solar case, need not defend herself.”

On February 18, Zaini ordered Rosmah to enter her defence on all three corruption charges related to the solar hybrid project for 369 rural schools in Sarawak.

The defence will continue its submission to Thursday.

The court also fixed October 5, 6, 7, 21, 28 and November 15 for the continuation of the trial.

The solar trial has seen 23 prosecution witnesses testify since proceedings began on February 5 last year and ran about 34 days. 

Rosmah, 69, was not present in court today. – July 12, 2021.