Rosmah’s trial a nullity due to backdated appointment, court told
Lead defence counsel Jagjit Singh wants Gopal Sri Ram disqualified from prosecuting Rosmah Mansor’s case.
KUALA LUMPUR: Rosmah Mansor’s corruption trial is a nullity as current Attorney-General (AG) Idrus Harun recently issued a letter to backdate Gopal Sri Ram’s appointment as senior deputy public prosecutor (DPP) from Aug 30, 2018, the High Court heard today.
Rosmah’s lead counsel Jagjit Singh said Idrus issued a letter dated May 21 that he appointed Sri Ram as senior DPP under Section 376 (3) of the Criminal Procedure Code (CPC).
In the letter, Idrus said Sri Ram could exercise all rights and powers vested in him (Idrus) under the CPC or any written laws, and specifically conduct Rosmah’s trials and other related matters.
“Idrus cannot issue a backdated letter when he was not the AG then,” the lawyer said in his submission to disqualify Sri Ram from prosecuting Rosmah’s case and declare her trial a nullity.
Jagjit said Idrus was a Court of Appeal judge on Aug 30, 2018. He was appointed AG on March 6, 2020.
“Based on the letter issued (on May 21), the trial is nullity,” he said.
Jagjit said Idrus’ predecessor Tommy Thomas had issued a press statement that he appointed Sri Ram as a senior DPP effective Aug 30, 2018.
In an affidavit, Thomas said as AG he was also the public prosecutor under Article 145(3) of the Federal Constitution and Section 376(1) of the CPC.
Thomas said that on Aug 30, 2018, he appointed Sri Ram as senior DPP to handle prosecutions relating to what has come to be known as the “1MDB scandals”.
Thomas said he then asked Sri Ram to conduct other prosecutions as well, including against the wife of the former prime minister for corruption and money laundering.
Jagit said Idrus’ recent letter (May 21) and another issued on July 8 last year were just afterthoughts.
He said Rosmah was first charged in the sessions court in November 2018 before her cases were transferred to the High Court.
“The Aug 30 letter by Thomas was not available to the defence as it was a classified document,” said Jagjit, who is assisted by Akberdin Abdul Kader and Azrul Zulkifli Stork.
Rosmah is charged with soliciting RM187.5 million from contractor Saidi Abang Samsudin in the Sarawak schools solar energy supply project, as well as receiving RM6.5 million from him.
It was alleged that the money was meant to help Saidi’s company, Jepak Holdings Sdn Bhd, to secure the RM1.25 billion project.
In February, trial judge Mohamed Zaini Mazlan ordered Rosmah, 69, to enter her defence on all three counts of corruption.
In May, she filed the applications to declare the proceedings a nullity and remove Sri Ram as prosecutor.
Earlier today, Zaini also dismissed Rosmah’s preliminary objection to restrain Sri Ram from arguing the applications (to nullify the trial and disqualify him as prosecutor) as he had a personal vendetta towards her.
Jagjit said another DPP could argue the case for the prosecution.
However, Sri Ram responded that it was the prerogative of the AG, who represented the prosecution in the criminal trial and proceedings.
Zaini ruled that there was no legal impediment for Sri Ram to argue the applications.
The hearing continues on Thursday.
KUALA LUMPUR: Rosmah Mansor’s corruption trial is a nullity as current Attorney-General (AG) Idrus Harun recently issued a letter to backdate Gopal Sri Ram’s appointment as senior deputy public prosecutor (DPP) from Aug 30, 2018, the High Court heard today.
Rosmah’s lead counsel Jagjit Singh said Idrus issued a letter dated May 21 that he appointed Sri Ram as senior DPP under Section 376 (3) of the Criminal Procedure Code (CPC).
In the letter, Idrus said Sri Ram could exercise all rights and powers vested in him (Idrus) under the CPC or any written laws, and specifically conduct Rosmah’s trials and other related matters.
“Idrus cannot issue a backdated letter when he was not the AG then,” the lawyer said in his submission to disqualify Sri Ram from prosecuting Rosmah’s case and declare her trial a nullity.
Jagjit said Idrus was a Court of Appeal judge on Aug 30, 2018. He was appointed AG on March 6, 2020.
“Based on the letter issued (on May 21), the trial is nullity,” he said.
Jagjit said Idrus’ predecessor Tommy Thomas had issued a press statement that he appointed Sri Ram as a senior DPP effective Aug 30, 2018.
In an affidavit, Thomas said as AG he was also the public prosecutor under Article 145(3) of the Federal Constitution and Section 376(1) of the CPC.
Thomas said that on Aug 30, 2018, he appointed Sri Ram as senior DPP to handle prosecutions relating to what has come to be known as the “1MDB scandals”.
Thomas said he then asked Sri Ram to conduct other prosecutions as well, including against the wife of the former prime minister for corruption and money laundering.
Jagit said Idrus’ recent letter (May 21) and another issued on July 8 last year were just afterthoughts.
He said Rosmah was first charged in the sessions court in November 2018 before her cases were transferred to the High Court.
“The Aug 30 letter by Thomas was not available to the defence as it was a classified document,” said Jagjit, who is assisted by Akberdin Abdul Kader and Azrul Zulkifli Stork.
Rosmah is charged with soliciting RM187.5 million from contractor Saidi Abang Samsudin in the Sarawak schools solar energy supply project, as well as receiving RM6.5 million from him.
It was alleged that the money was meant to help Saidi’s company, Jepak Holdings Sdn Bhd, to secure the RM1.25 billion project.
In February, trial judge Mohamed Zaini Mazlan ordered Rosmah, 69, to enter her defence on all three counts of corruption.
In May, she filed the applications to declare the proceedings a nullity and remove Sri Ram as prosecutor.
Earlier today, Zaini also dismissed Rosmah’s preliminary objection to restrain Sri Ram from arguing the applications (to nullify the trial and disqualify him as prosecutor) as he had a personal vendetta towards her.
Jagjit said another DPP could argue the case for the prosecution.
However, Sri Ram responded that it was the prerogative of the AG, who represented the prosecution in the criminal trial and proceedings.
Zaini ruled that there was no legal impediment for Sri Ram to argue the applications.
The hearing continues on Thursday.
Najib dug a hole for himself when in 2014, he got his then AG appoint outside UMNO lawyer Shafee Abdullah to prosecute Anwar Ibrahim's case.
ReplyDeleteThe legality of AGC appointing external prosecutors has been argued and estabished all the way to the Federal Court.
Nice try, Rosmah, this hole was dug by your husband, no way you can escape by this means.
Get real, if your are innocent , have it established through the trial, not by trying to escape prosecution.