KUALA LUMPUR: Datin Seri Rosmah Mansor has failed in her bid to remove Datuk Seri Gopal Sri Ram from conducting the prosecution in her case and to nullify the trial involving a solar hybrid project in Sarawak.

       High Court judge Justice Mohamed Zaini Mazlan, in dismissing the application of the former First Lady, said he found that the appointment of Sri Ram by former attorney general (AG) Tan Sri Tommy Thomas was validly done under Section 376(3) of the Criminal Procedure Code in Thomas’ capacity as the public prosecutor.

       On Thomas’ oral fiat (authorisation), argued by Rosmah’s defence team, Justice Mohamed Zaini said Thomas had clearly stated that after appointing Sri Ram to lead the prosecution in the 1Malaysia Development Bhd cases, he had authorised Sri Ram to conduct the prosecution against Rosmah.

       The judge said it was public knowledge that Sri Ram had been conducting the prosecution against the applicant (Rosmah) from the onset at the High Court, which the senior prosecutor did with a team of deputy public prosecutors from the Attorney General’s Chambers.

       “It defies belief that Sri Ram would do so without the knowledge and sanction of Thomas, being the former AG then, and also of the current AG.

       “I am resolute that this authorisation need not be evidenced in writing,” he added.

       As such, Justice Mohamed Zaini said he did not see the necessity of addressing the validity of the first written fiat challenged by Rosmah.

       “They have ceased to become a moot point as I have found Sri Ram’s appointment under Section 376(3) to be valid.

       “In my view, there is no necessity for the first nor the second written fiat to be issued,” he said.

       The judge also said he took note of the fact that the AG had issued a second written fiat out of “an abundance of caution”, which he opined was to allay the applicant’s complaint on Sri Ram’s appointment.

       “I accept that it (second written fiat) was issued as an added precaution in the event that I am disinclined to accept either Thomas’ version on Sri Ram’s appointment or the first written fiat,” Justice Mohamed Zaini added.

       The court also agreed with the prosecution that the AG was entitled to make Sri Ram’s appointment with retrospective effect as set out under Section 50(b) of the Consolidated Interpretation Act 1948 and 1967.

       “The applicant’s applications are therefore dismissed,” he said during an open court proceeding here yesterday.

       The judge also refused to grant a stay of the trial pending Rosmah’s appeal to the Court of Appeal.

       The main trial before the same judge had concluded at the prosecution stage and Rosmah was ordered to enter her defence.

       Prior to the commencement of her defence trial, the wife of former prime minister Datuk Seri Najib Razak filed the application to disqualify Sri Ram from continuing the prosecution against her on claims that Sri Ram’s appointment letter to be a senior deputy public prosecutor in her case was not valid.

       Rosmah also sought to have her trial nullified due to this and that she be acquitted on grounds of a mistrial.

       She is accused of receiving RM6.5mil from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin between Dec 20, 2016, and Sept 7, 2017.

       Rosmah is also charged with soliciting a RM187.5mil bribe out of a total of RM1.25bil project awarded to Jepak Holdings’s Saidi through her aide Datuk Rizal Mansor.

       The defence is expected to begin its case on Oct 5.