KUALA LUMPUR: Datin Seri Rosmah Mansor’s (pix) defence team today objected to Datuk Seri Gopal Sri Ram’s attempt to argue for himself in Rosmah’s application to disqualify him as the lead prosecutor in her money laundering and tax evasion trial.
Rosmah’s counsel Mohamed Reza Rahim told High Court Judge Mohamed Zaini Mazlan that it may involve a conflict of interest as Sri Ram was the subject matter in this case.
“It was also contravened Rule 5 Legal Profession (Practice and Etiquette) Rules 1978. We were taken by complete surprise when my friend (Sri Ram) decided to make a U-turn,” he said adding that the defence team was unaware of the matter (Sri Ram to submit himself).
Meanwhile, Sri Ram countered he had received the instructions from Attorney-General to submit in the case.
“I received the instructions from Ahmad Akram (Deputy Public Prosecutor Ahmad Akram Gharib) this afternoon and the instruction came from the AG. He (Ahmad Akram) said he would feel comfortable if I submit in my own case...However, I leave it to the court to decide,” said Sri Ram.
Today was fixed to hear the prosecution’s preliminary objection against disqualification application by the wife of the former Prime Minister Datuk Seri Najib Tun Razak.
The court will also hear Rosmah’s second application to recuse Judge Mohamed Zaini and stay the trial pending the outcome of her appeal in the Court of Appeal to disqualify the judge.
The judge then adjourned today’s proceedings and fixed tomorrow to hear all the matters.
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 last year.
Rosmah filed a notice of motion on Jan 27 this year to disqualify Sri Ram from leading the prosecution team in her money laundering and tax evasion trial.
In her supporting affidavit, Rosmah 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. — Bernama
