PUTRAJAYA: Datin Seri Rosmah Mansor has failed in her appeal against the High Court's decision maintaining Datuk Seri Gopal Sri Ram as the lead prosecutor in her corruption case and dismissing her bid to nullify the ongoing trial.
A three-man Court of Appeal bench led by judge Datuk Hanipah Farikullah unanimously rejected Rosmah's appeal after allowing the respondent's preliminary objection (PO) that the court has no jurisdiction to grant the declarations sought by her.
Rosmah had sought a declaration that Sri Ram's appointment was invalid as well as a declaration that her ongoing trial linked to the RM1.25 billion solar hybrid project was null and void.
Hanipah said the court was of the view that the relief sought for must fall within the matters allowed by the Criminal Procedure Code (CPC).
However, she said there was nothing in the code that confers power and jurisdiction by the High Court to exercise its criminal procedures to grant declaratory orders.
"Therefore, we allow the PO raised by the respondent, consequently we will not consider the merits of the appeals before us.
"Accordingly, we dismiss the appellant's appeals," Hanipah said.
Other judges on the panel were Datuk M. Gunalan and Datuk Hashim Hamzah.
Rosmah who was clad in a white and pink Baju Kurung was present in court.
Her lawyer Datuk Jagjit Singh earlier apologised to the court on her behalf for her absence during last Thursday's proceeding, which led the case to be postponed to today.
"We express profound apology to the court, for the absence of the appellant in last week's proceedings," Jagjit said.
Last Thursday, Rosmah who was supposed to appear before the court for the continued hearing of her appeal, did not turn up as she was still in Singapore visiting her daughter who had just given birth.
According to the High Court order dated Oct 15 in regards with the temporary release of her passport, Rosmah was supposed to return from her trip by Nov 21.
Although Sri Ram had strongly urged the court to issue an arrest warrant against her for breaching a court order, the panel had decided to give her a chance and exercised its discretion to withhold issuing a warrant.
Rosmah was appealing against the High Court's decision dismissing her application to disqualify Sri Ram as the lead prosecutor in her corruption case and to annul the ongoing trial proceedings.
Judge Mohamed Zaini Mazlan had dismissed her bid on Sept 24, ruling that Sri Ram's appointment by then Attorney-General Tan Sri Tommy Thomas was validly done under Section 376(3) of the Criminal Procedure Code (CPC).
He had on the same day dismissed Rosmah's application for a stay of the trial pending the disposal of the appeal over the decision .
Rosmah is accused of soliciting RM187.5 million and two counts of receiving bribes of RM6.5 million from Jepak Holdings Sdn Bhd's former managing director Saidi Abang Samsuddin, through her former special officer Datuk Rizal Mansor.
She was accused of committing the offences between Jan 2016 and Sept 2017.
She purportedly received the money in exchange for helping the company obtain a RM1.25 billion project to provide solar energy to 369 rural schools in Sarawak.
