PUTRAJAYA: The Federal Court has fixed March 26 to hear Rosmah Mansor’s application for leave to challenge the late Gopal Sri Ram’s appointment as ad hoc prosecutor in her corruption case linked to a RM1.25 billion solar power project in Sarawak.
The apex court was scheduled to hear the leave application this morning but it was postponed as one of Rosmah’s lawyers was taken ill.
Senior federal counsel Shamsul Bolhassan told FMT the new date was fixed after case management today.
In her application, Rosmah filed six legal questions, including whether former attorney-general Idrus Harun was entitled to backdate Sri Ram’s appointment to August 2018, given that Idrus was only appointed AG in March 2020.
Under Section 96 of the Courts of Judicature Act 1964, an applicant must satisfy the Federal Court that the proposed appeal contains novel legal and constitutional questions of public importance which are being raised for the first time.
Rosmah also contends that Sri Ram’s appointment under Section 376(3) of the Criminal Procedure Code did not extend to her corruption trial.
She filed her application to commence a judicial review of the appointment in the High Court on June 24 last year.
On Aug 30 last year, the Kuala Lumpur High Court dismissed her application, upholding a preliminary objection raised by the AG that it had been filed out of time.
In his ruling, Justice Ahmad Kamal Shahid said the three-month deadline for Rosmah’s application should have been calculated from Nov 15, 2018, the day Rosmah was charged.
On June 22, the Court of Appeal dismissed her appeal.
Justice See Mee Chun, who delivered the unanimous judgment of the court, said the period within which the application should have been filed began to run at the latest on May 21, 2021, when Idrus issued a backdated fiat appointing Sri Ram to prosecute Rosmah.
Sri Ram died on Jan 29 this year.
On Sept 1 last year, Rosmah was convicted of soliciting RM187.5 million from former Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin through her former aide, Rizal Mansor, as an inducement for assisting the company in securing the solar power project.
She was also convicted of receiving bribes amounting to RM5 million from Saidi, through Rizal, and another RM1.5 million also from Saidi.