Rosmah's trial must go on, says Court of Appeal

PUTRAJAYA: The corruption trial of Datin Seri Rosmah Mansor, who is accused of graft involving a solar hybrid project in Sarawak, must continue on Tuesday (Oct 5), says the Court of Appeal.

A three-man bench, chaired by Justice Kamaludin Md Said, dismissed Rosmah’s application for a stay of proceedings in her criminal trial pending an appeal to disqualify lead prosecutor Datuk Seri Gopal Sri Ram from conducting the prosecution in the case and to nullify the trial.

In the unanimous decision, Justice Kamaludin said nullity, as argued by Rosmah’s lawyers, was not an exceptional circumstance that warranted a stay of proceedings.

“We are of the view that the proceeding at the High Court should be continued but at the same time the appeal can proceed.

“It would not prejudice the applicant. The application for a stay is dismissed,” the judge said in an online proceeding via Zoom on Monday (Oct 4).

Other judges on the panel were Justices Nordin Hassan and Hashim Hamzah.

The appellate court had earlier heard submissions from Rosmah’s lawyers, Datuk Jagjit Singh and Datuk Akberdin Abdul Kadir, and Sri Ram.

This means Rosmah will be back in the dock at the High Court to begin the trial where she has to enter her defence before High Court judge Justice Mohamed Zaini Mazlan.

On Sept 24, Justice Mohamed Zaini dismissed Rosmah’s applications to disqualify Sri Ram from prosecuting and to nullify the trial as he found Sri Ram’s appointment by former attorney general Tan Sri Tommy Thomas was validly done under Section 376(3) of the Criminal Procedure Code in Thomas’ capacity as the public prosecutor.

Justice Mohamed Zaini also rejected Rosmah’s application for a stay of the proceedings at the High Court.

“You can, of course, apply for a stay at the Court of Appeal,” the judge had said.

Rosmah is accused of receiving RM6.5mil from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin between Dec 20, 2016 and Sept 7, 2017.

She is also charged with soliciting a RM187.5mil bribe, out of a total of RM1.25bil project awarded to Jepak Holdings's Saidi, through her aide Datuk Rizal Mansor.