KUALA LUMPUR: The issue of former Federal Court Judge Datuk Seri Gopal Sri Ram's role as a Senior Deputy Public Prosecutor (DPP) in Datuk Seri Rosmah Mansor's case was raised by her lawyers today.
Prior to this, Rosmah's husband Datuk Seri Najib Razak had also applied for Sri Ram to be disqualified from handling his SRC International Sdn Bhd case but it was booted out by the courts.
Today, Datuk Jagjit Singh, who is appearing as lead counsel for Rosmah alongside Datuk Akberdin Abdul Kader, submitted that the prosecution must produce a copy of the letter of appointment in relation to Sri Ram's appointment as Senior DPP in the case.
He said failure to do so must lead to Sri Ram's disqualification from continuing as Senior DPP.
Jagjit said Sri Ram had been acting as the lead DPP in the case since the start of the trial, along with 10 other DPPs from the Attorney General's Chambers (AGC).
However, he argued that no document or letter of appointment had been advanced by the prosecution to confirm that Sri Ram had been appointed as Senior DPP for the case.
"In the absence of this letter, the court must hold that Sri Ram is not a fit and proper person to act as DPP, let alone conduct the case," he said, adding Rosmah was facing a serious charge and entitled to verify the validity and legality of the appointment of a practicing Advocate and Solicitor as a Senior DPP to prosecute her case.
Meanwhile, Deputy Public Prosecutor Ahmad Akram Gharib said the defence was embarking on a misconceived path and abusing the court process.
He said the defence application should not be entertained as there were settled law cases on the matter which clearly state the prosecution was not obliged to provide any such letter to the defence.
He said the prosecution was however willing to provide the letter of appointment for the court to look at.
"We are prepared to show it to the court..we have it right here.
"However, we don't have any duty to show it to them..as the judge in a previous case stated, they are just being busybodies wanting to look at the letter," he said.
Rosmah is on trial for soliciting RM187.5 million from Jepak Holdings Bhd to help the company secure a RM1.25 billion project to supply solar hybrid energy to 369 schools in the interior of Sarawak.
She is also accused of receiving RM5 million and another RM1.5 million in 2016 and 2017 respectively to ensure the company got the contract.
High Court Judge Mohamad Zaini Mazlan will decide on Aug 17 if the defence should be given a copy of the letter.