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Rosmah proceeds with appeal to challenge late Gopal Sri Ram’s appointment to prosecute her case

MALAYSIA — Rosmah Mansor has filed an application at the Federal Court to challenge the appointment of the late Datuk Seri Gopal Sri Ram as the lead prosecutor in her solar hybrid project graft case.

The wife of former Malaysian Prime Minister Najib Razak is seeking leave from the top court to hear her appeal against the Court of Appeal’s decision which dismissed her bid on the grounds that her appeal has no merit.

Rosmah is released on an RM2 million bail pending her appeal in the Court of Appeal.

On 22 June, the appellate court said the relief sought by the applicant (Rosmah) remained a live issue since it concerns the alleged irregularity, illegality and defectiveness of the government’s letter of appointment, or fiat, issued to Sri Ram.

Sri Ram died on 28 January, at the age of 79, in a private hospital here following a lung infection.

Rosmah, 72, filed the application for leave to initiate a judicial review in the High Court last year, naming the attorney-general/public prosecutor, the government and Sri Ram as respondents.

She sought a declaration that Sri Ram’s appointment as senior DPP through three fiats dated 8 July 2020, 11 May, and 21 May 2021 was unlawful.

She also wants a declaration that the entire prosecution proceedings and full trial for her solar case which took place beginning 15 November 2018, right up to the time the defence closed the case, were invalid and void and that she must be acquitted of all charges under Section 16(a)(A) of the Malaysian Anti-Corruption Act 2009.

On 30 August last year, the High Court refused to give leave to the wife of ex-PM to commence a judicial review to challenge Sri Ram’s appointment as lead prosecutor in her case.

Prior to applying for the judicial review, Rosmah had applied to disqualify Sri Ram but it was dismissed by judge Mohamed Zaini Mazlan who presided over her solar hybrid corruption trial. Her appeals to the Court of Appeal and Federal Court were also dismissed.

High Court judge Datuk Ahmad Kamal Md Shahid had dismissed Rosmah’s application for leave to initiate a judicial review two days before Zaini was scheduled to deliver his verdict in her graft case.

On 1 September 2022, Zaini found Rosmah guilty of the corruption charges and sentenced her to 10 years in jail and a fine of RM970 million.

Rosmah was charged with soliciting RM187.5 million and two counts of accepting bribes amounting to RM6.5 million from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin through her former aide Datuk Rizal Mansor as a reward for helping Jepak Holdings secure a RM1.25 billion project to provide solar hybrid energy in 369 schools in rural Sarawak.

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