KUALA LUMPUR: Datuk Seri Gopal Sri Ram should not be making arguments on his behalf in an application to disqualify him from leading the prosecution in Datin Seri Rosmah Mansor’s case, her legal team contended.
The objection was made at the outset of a hearing of Rosmah’s application in her RM7mil money-laundering and tax evasion case, causing the proceedings to hit a snag at the High Court.
Lawyer Mohd Reza Rahim said the defence only knew that Sri Ram himself would argue yesterday despite the prosecution making it clear during the previous proceedings that deputy public prosecutor Ahmad Akram Gharib would be the one making the arguments.
“We were taken by complete surprise when my learned friend decided to make a U-turn,” Mohd Reza said.
According to him, Sri Ram should not be submitting due to conflict of interest as Sri Ram himself is the subject in the application.
“This is against Rule 5 of the Legal Profession (Practice and Etiquette) Rules 1978,” he said.
The defence sought for time to study the legal authorities on the matter and suggested for the proceedings to be adjourned to today.
Earlier, the court heard from Sri Ram that he was instructed by the Attorney General to do the submissions.
“I received the instructions from Ahmad Akram and the instructions came from the AG.
“He (Ahmad Akram) said he would feel comfortable if I submit in my own case. I leave it to the court to decide,” said Sri Ram.
Justice Mohamed Zaini Mazlan then ordered for the hearing to be adjourned to today to hear submissions on whether Sri Ram should be submitting in Rosmah’s application to disqualify him.
On Jan 27, the wife of former prime minister Datuk Seri Najib Razak filed the application to recuse Sri Ram.
In her supporting affidavit, she claimed that Attorney General Tan Sri Idrus Harun had exceeded his powers when he appointed Sri Ram as a senior deputy public prosecutor to spearhead the 1Malaysia Development Bhd-related investigations and to prosecute those involved.
“Even if the court finds that Idrus had acted properly in line with his statutory powers, Sri Ram is still not a ‘fit and proper’ individual to conduct the prosecution because based on a letter dated July 8, 2020, it was clear that Sri Ram was involved in the investigation,” Rosmah said.
Rosmah is facing 12 money-laundering charges amounting to about RM7mil and five counts of failing to declare her income to the Inland Revenue Board.