THE Kuala Lumpur High Court today dismissed Rosmah Mansor’s bid to recuse Gopal Sri Ram from leading the prosecution team in her corruption trial and have the case declared null.

High Court judge Mohamed Zaini Mazlan said Sri Ram’s 2018 appointment by then attorney-general Tommy Thomas was valid under sections 376, 377,378 and 379 of the Criminal Procedure Code.

“I have viewed all the provisions in a holistic manner and found the appointment to be valid,” Zaini said.

Zaini also accepted an alternative submission that the backdated appointment letter issued by AG Idrus Harun for Sri Ram on May 21 could cure any defect in the appointment process.

He said this was because section 50(b) of the Interpretation Act 1948/1967 allows any authority to make an appointment with retrospective effect.

Following the decision, Rosmah’s lawyers Jagjit Singh and Akberdin Abdul made an oral application to stay the entire proceedings.

However, Zaini dismissed the application pending appeal to the appellate court.

Zaini, referring to a Federal Court judgement, said a stay in a criminal case could only be allowed in the “rarest case”, even if the trial could be rendered a nullity.

“Nullity is not a special circumstance in this case to stay the trial,” he added.

Rosmah is scheduled to take the stand on October 5.

The 69-year-old wife of former prime minister Najib Razak, faces three corruption charges, one of which is for soliciting RM187.5 million as inducement to help a company secure a RM1.25 billion contract to equip 369 schools with solar energy.

She is also accused of receiving bribes totalling RM6.5 million in 2016 and 2017. – September 24, 2021.