KUALA LUMPUR, Aug 19 — The High Court today rejected Datin Seri Rosmah Mansor’s application to disqualify former Federal Court judge Datuk Seri Gopal Sri Ram from heading the prosecution in her corruption trial over a RM1.25 billion solar project in Sarawak.
High Court Judge Mohamed Zaini Mazlan said there was no merit to the defence’s assertion that Sri Ram needed a formal letter of appointment from the Attorney General’s Chambers (AGC) before he could lead the prosecution by fiat.
“Sri Ram’s appointment was public knowledge and the AG himself had appeared in court and confirmed Sri Ram’s appointment,” Zaini said, referring to Tan Sri Tommy Thomas who has since resigned as the AG.
“The appointment does not need to be in writing. The court also held that the LOA was not confidential which was the basis of the argument for the LOA.”
The judge said the AG’s declaration sufficed to verify Sri Ram’s position and a written letter was not needed unless there was evidence to suggest Thomas had not made the appointment.
“As such, the application is dismissed.”
Sri Ram’s role as senior deputy public prosecutor in Rosmah’s case came after he was previously appointed to only handle cases related to 1Malaysia Development Bhd (1MDB).
The defence tried to have him removed on the grounds that his appointment did not extend to her case.
Rosmah’s lawyers previously sought to portray his appointment as political in nature and meant to fulfill an election promise of the previous Pakatan Harapan government.