KUALA LUMPUR (July 12): The defence in Datin Seri Rosmah Mansor's graft trial has questioned the validity of Datuk Seri Gopal Sri Ram’s appointment as senior deputy public prosecutor (DPP), saying two letters from the current attorney-general to purportedly backdate the appointment is an afterthought by the prosecution to hide its deficiency.

For this reason, the trial may itself  be a nullity, defence counsel Jagjit Singh submitted in the High Court.

He said Sri Ram’s appointment letter dated Aug 20, 2018 by then attorney general Tan Sri Tommy Thomas was specifically to prosecute in cases relating to 1Malaysia Development Bhd (1MDB) involving Rosmah's husband and former premier Datuk Seri Najib Razak and not her case. 

“Rosmah was charged at the Sessions Court on Nov 15, 2018 for her money laundering charges, and later in the solar hybrid case,” he said, stressing these cases were not related to 1MDB. 

“The solar case, I emphasise here again, is not related at all to the 1MDB case,” he said. 

Noting that the current attorney-general Tan Sri Idrus Harun had issued an appointment letter dated July 8, 2020 and another one dated May 21, 2021, Jagjit said the letters amounted to a desperate measure to have the appointment legalised. 

“We say that these letters are an afterthought and Sri Ram's appointment (to prosecute Rosmah) cannot be backdated. His appointment must start from the very beginning of the trial,” he said. 

As a result, Jagjit who appeared together with counsel Datuk Akberdin Abdul Kader before Justice Mohamed Zaini Mazlan, said the whole prosecution case may amount to a nullity. 

“My client should then be given a discharge due to questions surrounding Sri Ram's appointment in leading the prosecution,” he said. 

Rosmah, 69, had been ordered by Justice Zaini to enter her defence in February, after the prosecution had closed its case.

She is facing three graft charges in relation to the solar hybrid case involving 369 rural schools in Sarawak, where she was alleged to have received a total of RM6.5 million from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsuddin between Dec 20, 2016 and Sept 7, 2017 at her official residence in Seri Perdana, Putrajaya, and also her private residence in Jalan Langgak Duta, Kuala Lumpur.

Najib's wife was also charged with soliciting a RM187.5 million bribe out of a total of RM1.25 billion project awarded to Jepak Holdings's Saidi, through her aide Datuk Rizal Mansor. 

Rosmah had filed a motion last May to disqualify Sri Ram from continuing to prosecute her and declare her trial a nullity.

This came after the Court of Appeal ordered the prosecution to produce Sri Ram's appointment letter last April, leading to questions over his validity in prosecuting Rosmah.

Tommy had said since Sri Ram was under his general control and direction, he was in a position to exercise all powers of the public prosecutor.

 “I personally authorised him to conduct other prosecutions as well," Thomas said in an affidavit.

Rosmah, through her aide, lodged a police report against Tommy, describing the former attorney-general's affidavit as an afterthought.

At the start of the hearing today, Jagjit had asked the court not to allow Sri Ram to submit this case, as he said the former Federal Court judge's involvement from the start seemed to be a personal attack against Rosmah. 

“I asked myself whether he has a personal matter or agenda against my client,” he said. 

Jagjit highlighted six facts regarding the case, which he claims showed Sri Ram's interest in the case, and there are also questions regarding his appointment. Therefore, another prosecutor can submit on the matter, he said.

Sri Ram in his reply said he should be allowed to submit on the matter, as he had been asked by Idrus to do so and that Tommy had given him an oral undertaking for him to prosecute Rosmah. 

“Furthermore, according to Section 50 of the Interpretation Act 1948 (1967), stipulates that the office (of the attorney-general) can appoint anyone to the office (as senior DPP) with retrospective effect. Hence, the attorney-general issuing the latest letter dated May 21, produced today, showed the appointment is legal,” he said. 

Justice Zaini, in his oral decision to allow Sri Ram to submit, ruled that there was no legal impediment in allowing Sri Ram to submit on the issues raised regarding his appointment and oppose Rosmah's application to have the trial annulled. 

“Hence, the application is dismissed,” he said.

The judge would continue to hear Jagjit's additional submission and Sri Ram's reply on Thursday (July 15).

Read also:
Rosmah lodges police report claiming Tommy Thomas’ affidavit a blatant lie, afterthought
Thomas: No letter needed for Sri Ram's appointment as lead prosecutor in 1MDB and Rosmah cases
Rosmah wants corruption proceedings nullified, Sri Ram removed 
Prospect of Sri Ram’s disqualification looms, as prosecution told to show letter appointing him to prosecute Rosmah
Rosmah ordered to enter defence over solar graft trial; witnesses may include Najib