Rosmah's appeal against Sri Ram's appointment as prosecutor fixed for further case management

PUTRAJAYA (Nov 23): Datin Seri Rosmah Mansor's appeal against the appointment of former Federal Court judge Datuk Seri Gopal Sri Ram to prosecute her in her ongoing graft trial has been fixed for further case management on Jan 20 at the Court of Appeal.

This was disclosed by one of Rosmah's counsel, Datuk Akberdin Abdul Kader, following case management before the appellate court's deputy registrar Darmafikri Abu Adam today.

It was reported that on Aug 19, High Court Justice Mohamed Zaini Mazlan had dismissed Rosmah's application to see Sri Ram's 'fiat' or letter of appointment to lead the prosecution.

Her lawyers had argued that Sri Ram was appointed by the then Attorney-General Tan Sri Tommy Thomas to handle only 1Malaysia Development Bhd (1MDB) cases, and she had serious concerns over possible abuse of power in the appointment.

Justice Mohamed Zaini said Rosmah did not provide any justification in seeking the production of Sri Ram's fiat or letter of appointment.

“More importantly, the applicant had not given any basis to contend that she has the right in law to demand for a copy of the letter of appointment. The court could not act on a lacuna. There must be cogent reasons for every application. There seems to be none here,” he said.

“Rosmah and her team of able counsels had never once taken issue with [Sri Ram’s] presence until now. It is far too late in the day for the applicant to now seek evidence of [his] appointment. I would further add that Sri Ram's appointment must be deemed to have been made legitimately by the attorney-general unless there is compelling evidence to the contrary,” the judge added.

Rosmah, the wife of former prime minister Datuk Seri Najib Razak, is on trial for allegedly soliciting RM187.5 million from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin, and receiving RM5 million and another RM1.5 million in 2016 and 2017 respectively, in exchange for her help in securing for the company a RM1.25 billion project to equip 369 schools in rural Sarawak with solar hybrid power.

That trial is nearly concluded with the last witness, the Malaysian Anti-Corruption Commission investigating officer Noornabilah Mohd Aziman being cross-examined by her lawyers.

Meanwhile, the Court of Appeal also deferred the hearing of Science, Technology and Innovation Minister Khairy Jamaluddin's appeal against a court ruling that he had defamed opposition leader Datuk Seri Anwar Ibrahim 12 years ago.

Anwar's lawyer J Leela told theedgemarkets.com of the postponement pending a decision by the Federal Court.

“The case has been fixed for case management on Dec 21, pending Khairy's appeal to the Federal Court that has been fixed on Dec 15,” she said.

Khairy was ordered by the High Court to pay RM150,000 in damages in September 2017 for defaming Anwar.

Anwar, who is PKR president, sued Khairy, who was the youth and sports minister and the then Umno Youth vice-chief, on March 7, 2008, alleging that Khairy had uttered defamatory words about him during a ceramah at Lembah Pantai on Feb 20 the same year and caused the publication of a video clip titled “Anwar and kin no threat” on several news portals.

The minister had obtained leave from the Federal Court to appeal against the appellate court's decision to strike out his appeal after ruling that there was ambiguity in his notice of appeal, resulting in the ongoing appeal at the apex court.

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