Kuala Lumpur: The prosecution will file a preliminary objection against Datin Seri Rosmah Mansor’s bid to disqualify former Federal Court judge Datuk Seri Gopal Sri Ram from acting as the lead prosecutor in her money laundering and tax evasion trial.
Sri Ram informed the High Court Judge Mohamed Zaini Mazlan that the prosecution would file a formal objection and serve the court papers to the defence team Thursday.
“My Lord, the legal team was only served a copy on the prosecution on Monday, just before the two-day Chinese New Year public holiday. Thus we need time to prepare submissions for the preliminary objection (PO) against the disqualification,” he said.
Sri Ram added that Rosmah had filed a criminal motion but wanted an order that his appointment as ad hoc prosecutor was illegal and must be quashed.
“The order sought could only be given by way of a judicial review. This criminal High Court has no jurisdiction to provide the relief asked. This is really an abuse of process of court,” said Sri Ram.
Judge Mohamed Zaini then postponed today’s proceedings and fixed Feb 17 and 18 to hear the preliminary objection and disqualification application.
The court will also hear Rosmah’s second application to recuse judge Mohamed Zaini and stay the trial pending the outcome of her application in the Court of Appeal to disqualify the judge.
This is the second time Rosmah filed an application after Judge Mohamed Zaini – who is also presided over her solar hybrid trial – rejected her application to recuse himself from hearing the trial on Dec 14.
Rosmah, in her supporting affidavit which was filed with a notice of motion to disqualify Sri Ram from leading the prosecution team in her money laundering and tax evasion trial, claimed that Attorney-General Tan Sri Idrus Harun had acted beyond his jurisdiction when he appointed Sri Ram as senior deputy public prosecutor to lead the investigations into the 1Malaysia Development Berhad (1MDB) scandal and the prosecution of those involved.
Rosmah said after examining the former Federal Court judge’s letter of appointment as the senior deputy public prosecutor, dated May 21, 2021, under Section 376 (3) of the Criminal Procedure Code, she found that the appointment did not refer to her case.
She said if the court was of the view that Idrus had acted in an orderly manner in line with his statutory powers, then Sri Ram was still not a “fit and proper” individual to prosecute the case.
Rosmah, 70, is facing 12 money laundering charges involving RM7,097,750 and five counts of failure to declare her income to the Inland Revenue Board.
The offences were allegedly committed at Affin Bank Berhad, Bangunan Getah Asli branch, Jalan Ampang here between Dec 4, 2013 and June 8, 2017, and at the IRB at Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim here between May 1, 2014 and May 1, 2018.
