ROSMAH Mansor has not returned from Singapore, missing her appointed date at the Court of Appeal today for proceedings to disqualify the lead prosecutor in her ongoing graft trial and to have the trial nullified.

However, she escaped being issued with an arrest warrant after her counsel Jagjit Singh informed the court that it was “an oversight”, and that he would take full responsibility for her absence.

Jagjit said Rosmah, the wife of former prime minister Najib Razak, has not returned from Singapore where she is visiting her daughter Nooryana Najwa, who recently delivered her second child.

Jagjit told the appeals court that Rosmah had never once missed her trial dates at the High Court.

The court had a three-member bench today chaired by judges Hanipah Farikullah, M. Gunalan and Hashim Hamzah.

Hanipah said the bench heeded Jagjit’s explanation and made a unanimous decision to withhold the arrest warrant.

“The court is using its discretion to withhold the arrest warrant. Moreover, she (Rosmah) has never been absent from the High Court proceedings,” Hanipah said.

Hanipah also ordered Rosmah to appear before them on Monday (December 6) at 9am, after today’s proceedings were adjourned.

Earlier, lead prosecutor Gopal Sri Ram asked the appellate judges to issue Rosmah a warrant of arrest and revoke her bail.

Rosmah is seeking to disqualify Sri Ram who is leading the prosecution in her ongoing graft trial involving a solar hybrid power project for rural schools.

On October 15, High Court judge Mohamed Zaini Mazlan had allowed Rosmah her passport to travel to Singapore to visit her then pregnant daughter and had ordered her to return to Malaysia on or before November 21.

She was to have returned her passport to the authorities by December 6.

Earlier today, when the proceedings began, Hanipah queried if Rosmah was present in court.

Jagjit said that there was a change in his client’s travel plans after taking into consideration the newly introduced Vaccinated Travel Lane (VTL).

Announced on November 24, after Rosmah’s return was due, those travelling under the VTL do not have to undergo quarantine upon arriving and only need to take two Covid-19 tests before entering either Malaysia or Singapore.

Hanipah then asked if Rosmah had returned to Malaysia, to which Jagjit replied that she was still in Singapore.

Sri Ram then requested the court to issue an arrest warrant to Rosmah and revoke her bail for failing to adhere to the High Court order.

“We are not talking about children. We are talking about an adult, who knows her responsibilities and duties,” he said.

Rosmah’s co-counsel Akberdin Abdul Kader then said that they had written to the Court of Appeal registry yesterday to inform that she would only return to Malaysia on December 6.

Hanipah said that the letter was given 10 minutes before the proceeding started today.

Jagjit stood up and apologised, and said he took full responsibility for Rosmah’s absence in court.

He then requested the proceedings to be adjourned until Monday and assured that Rosmah would be present in person.

Sri Ram said that he would not want to sound difficult and that parties must be guided by the court order.

Sri Ram said that matters would have been different if this involved an ordinary member of the public.

“The arrest warrant must be issued and the bail be cancelled. If not, the court order will not be respected and will become a worthless paper.

“If the order is not obeyed, if this had been a case of an ordinary citizen like Ahmad Bin Abdul or Muniandy or Ah Chong, would it have made a difference?

“I don’t think it would have made a difference. The warrant of arrest will be issued because he has disobeyed the order.

“I don’t see why it should make a difference if the name of the charge is Rosmah Mansor,” Sri Ram said.

Sri Ram said that the law must be applicable across the board or not the people would lose confidence with the judiciary.

Hanipah then told Jagjit that they should have requested for an extension for her stay in Singapore, which she claimed that they failed.

Jagjit again stood up and apologised profusely but then Sri Ram said that his counterpart could not go to prison for his client.

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.

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. – December 2, 2021.