ROSMAH Mansor today failed in her appeal for a stay of proceedings pending an appeal to recuse Gopal Sri Ram from leading the prosecution team in her solar hybrid corruption trial and have the case declared a nullity. 

The Court of Appeal today dismissed Rosmah’s application for a stay, on grounds there were no exceptional or unusual circumstances in the application. 

“We are of the view the threshold has been there and followed by the Federal Court until now.  

“It has been ruled (by the Federal Court earlier) that is not a special circumstance even if the proceedings may be rendered a nullity.  

“So, we are bound by the Federal Court’s decision by the principles of stare decisis,” said Kamaludin Md Said, who chaired the three-member bench.  

The other judges were Nordin Hassan and Hashim Hamzah.

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 (AG) Tommy Thomas was valid under Sections 376, 377, 378 and 379 of the Criminal Procedure Code.

“I have viewed all the provisions in a holistic manner and found the appointment to be valid,” Zaini said.

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.

At the start of proceedings today, Rosmah’s lawyers Jagjit Singh and Akberdin Abdul Kader submitted that the trial is a nullity on the basis that Sri Ram had not obtained an appointment letter from the AG to lead the prosecution. 

“There was no written authorisation or letter of appointment from the AG to conduct the trial,” Akberdin said. 

Sri Ram, who appeared for the prosecution, said Rosmah could raise the issue of nullity to appeal her case should the high court find her guilty. 

He said the matter would become academic if the high court judge acquits her at the end of the trial. 

“In the present case the question of prejudice does not arise because any point that is being raised by way of the application to have me disqualified or have my appointment challenged, can form the grounds of appeal at the final result, assuming it goes against them. 

“But what if the accused is acquitted at the end of defence? Then all this becomes academic,” he said.

With this decision today, the corruption trial will now resume and Rosmah will take the stand tomorrow as the first defence witness. 

The 69-year-old wife of former prime minister Najib Razak faces three corruption charges, one of which is for soliciting RM187.5 million as inducement to help a company secure a RM1.25 billion contract to equip 369 schools with solar energy.

She is also accused of receiving bribes totalling RM6.5 million in 2016 and 2017. – October 4, 2021.