KUALA LUMPUR: Datin Seri Rosmah Mansor's last hope to halt her corruption decision this Thursday was hampered after the High Court dismissed her application to recuse lead prosecutor Datuk Seri Gopal Sri Ram.
High Court judge Datuk Ahmad Kamal Md Shahid today allowed a preliminary objection by the prosecution for Rosmah's application to dismiss the former Federal Court judge as the lead prosecutor in her graft trial linked to the RM1.25 billion solar hybrid project for rural schools in Sarawak.
Ahmad Kamal in his decision said the court has no jurisdiction to grant leave to hear the substantive judicial review application.
"In this application for leave, it is not seeking this court to review a decision of an inferior court nor decision in relation to the exercise of the public duty or function.
"I observe that the instant application is unprecedented in the context of the Malaysian judiciary where a party is seeking a High Court to judicially review the decision of another High Court.
"I am of the view that the decision of the criminal High Court on Sept 24, 2021, does not fall under Order 53 rule 2(4) of the Rule of Court.
"The decision is neither a decision of the inferior courts nor tribunal in the exercise of the public duty or function in the Legislative or Executive arm of the government," he said.
Rosmah, 70, filed an application for judicial review on June 24 in the High Court (Appellate and Special Powers) naming the Attorney General/Public Prosecutor, Government of Malaysia and Sri Ram as respondents.
The wife of Datuk Seri Najib Razak sought a declaration that the appointment of Sri Ram as Senior Deputy Public Prosecutor through three letters of appointment (fiat), dated July 8, 2020, May 11 and May 21, 2021, respectively, was unlawful.
She sought a declaration that the entire prosecution proceedings and full trial for the solar case which took place since Nov 15, 2018, until the defence closed the case were invalid and void and she must be acquitted of all charges under Section 16 (a) (A) of the Malaysian Anti-Corruption Commission Act 2009.
Rosmah was represented by Datuk Akberdin Abdul Kader and Datuk Jagjit Singh as well as by senior federal counsel Shamsul Bolhassan and Sri Ram represented himself.
Shamsul, who acted for the Attorney-General's Chambers (AGC), objected to Rosmah's judicial review application, saying that Rosmah's bid to commence the legal challenge was an abuse of the court process.
Meanwhile, Sri Ram submitted that Rosmah's new bid over his appointment was "asking the court to review another court's decision", as the Federal Court had ruled that his appointment was valid.
Akhberdeen, however, argued that his client should be allowed to commence the legal challenge, claiming that they had an arguable case and Rosmah was "adversely affected" by Sri Ram's appointment as an ad hoc prosecutor in her corruption trial.
Rosmah is accused of 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 to 369 schools in rural Sarawak.
High Court judge Mohamed Zaini Mazlan is expected to made his ruling on Thursday.