In court after last week’s no-show, Rosmah fails to nullify corruption trial, recuse Sri Ram as prosecutor

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Previously, Rosmah missed her December 2 date before Court of Appeal as she had been in Singapore to see her daughter, Nooryana Najwa, who had given birth to her second child. ― Picture by Yusof Mat Isa
Previously, Rosmah missed her December 2 date before Court of Appeal as she had been in Singapore to see her daughter, Nooryana Najwa, who had given birth to her second child. ― Picture by Yusof Mat Isa

PUTRAJAYA, Dec 6 — Datin Seri Rosmah Mansor’s application to nullify her corruption case by disqualifying Datuk Seri Gopal Sri Ram as senior deputy public prosecutor (DPP) in the trial was dismissed by the Court of Appeal today.

Rosmah, who appeared today after missing a prior court date, was let down a second time in her application after a three-judge bench chaired by Datuk Hanipah Farikullah unanimously accepted the prosecution’s preliminary objection that the criminal court was not empowered to grant remedies beyond the Criminal Procedure Code (CPC).

“We are of the view that the reliefs must fall within the matters allowed under this criminal procedure code. However, there is nothing in the CPC that offers power and jurisdiction on the high court exercising its criminal jurisdiction to grant declaratory orders.

“Based on the foregoing reasons, it is our considered view that the high court in the exercise of the criminal jurisdiction has no jurisdiction and power to grant the reliefs sought by the appellant. The reliefs sought are purely declaratory orders specifically provided for under the specific relief Act 1950,’’ she said.

The two other judges on the panel today were Datuk M. Gunalan and Datuk Hashim Hamzah.

The prosecution had in their objection argued that the criminal court had no jurisdiction to grant Rosmah’s application.

Dressed in a white and pink floral patterned baju kurung and wearing a pink mask, Rosmah appeared calm when the decision was read out earlier today.

Previously, Rosmah missed her December 2 date before Court of Appeal as she had been in Singapore to see her daughter, Nooryana Najwa, who had given birth to her second child

Hanipah said then that the court would not issue a warrant for her arrest despite her failure to attend the day’s proceedings, as the panel accepted defence lawyer Datuk Jagjit Singh’s explanation that her absence was due to his oversight.

On October 15, the High Court had allowed Rosmah’s application for her passport to be temporarily released to her from October 15 until December 6 to allow her to travel to Singapore, but laid the strict conditions for Rosmah to only leave for Singapore from October 22 and stressing that she must return to Malaysia by November 21.

In her corruption case, Rosmah, the wife of former prime minister Datuk Seri Najib Razak, is charged with soliciting RM187.5 million from contractor Saidi Abang Samsudin in 2016 and 2017 for the Sarawak schools solar energy supply project, as well as receiving RM6.5 million in cash from him.

It is alleged that the money was meant to help Saidi’s company, Jepak Holdings Sdn Bhd, to secure the RM1.25 billion project to supply electricity to 369 rural schools in Sarawak.

Rosmah’s corruption case is scheduled to resume for hearing in front of Judge Mohamed Zaini Mazlan on December 8 at the Kuala Lumpur High Court.

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