KUALA LUMPUR: Rosmah Mansor’s lawyers are objecting to Gopal Sri Ram’s bid to dismiss her judicial review application to challenge his appointment as senior deputy public prosecutor in the RM1.25 billion solar hybrid project.
Lawyer Akberdin Abdul Kader, a member of Rosmah’s legal team, said they had written a letter on this to High Court judge Ahmad Kamal Md Shahid who is scheduled to hear the leave application tomorrow.
Sri Ram had earlier filed an affidavit to dismiss the leave application as another High Court judge had ruled that he (Sri Ram) was competent to prosecute Rosmah.
Last Sept 24, Zaini Mazlan, the trial judge in the criminal case, said Sri Ram’s appointment under the Criminal Procedure Code by the then attorney-general Tommy Thomas in August 2018 was valid.
Both the Court of Appeal and the Federal Court affirmed the ruling this year.
Akberdin said the filing of the affidavit was premature as Ahmad Kamal had yet to determine whether Rosmah could obtain leave.
“At the leave stage which is an inter-partes hearing, only the attorney-general (AG) or his representative can appear before Ahmad Kamal,” he said.
Senior federal counsel Shamsul Bolhassan will represent the AG while Sri Ram is slated to make oral submissions tomorrow afternoon.
Rosmah, 70, filed the application on June 24, naming the attorney-general/public prosecutor, the government and Sri Ram as respondents.
In her application, Rosmah is seeking a declaration that the appointment of Sri Ram as senior deputy public prosecutor through three letters of appointment (fiat) dated July 8, 2020 and May 11 and May 21, 2021, respectively, is unlawful.
She is seeking a declaration that the first version of the fiat signed by AG Idrus Harun on July 8, 2020, which should have been signed by the previous attorney-general, Thomas, on or before Nov 15, 2018, the date of prosecution against the applicant, is invalid.
The applicant is seeking a declaration that the second version of the fiat dated May 11 last year is non-existent as Thomas, in his book “My Story: Justice in the Wilderness” published last year, stated that Sri Ram’s appointment was related to 1MDB and not the solar hybrid project case.
She is also seeking a declaration that the appointment of Sri Ram through the third version of the fiat is flawed. In addition, Rosmah is seeking a declaration to nullify the entire proceeding of the trial from 2018.