AGC: No arguable case in Rosmah’s application for judicial review

KUALA LUMPUR (July 6): “No arguable, frivolous and vexatious case,” the Attorney General’s Chamber (AGC) argued in its objection to the candidacy of Datin Seri Rosmah Mansor to challenge the appointment of Datuk Seri Gopal Sri Ram to the post of first assistant public prosecutor in his RM1.25 billion solar hybrid project graft lawsuit, which is an attempt to quash his completed lawsuit.

In court documents seen by theedgemarkets.comthe AGC – the first defendant in the case – filed a preliminary objection (PO) on Wednesday July 6 to Rosmah’s request for authorization (permission).

“This application for leave must be dismissed immediately as there is no arguable case and this application is only frivolous and vexatious, a hopeless matter that does not merit further investigation on a full inter partes basis,” supported senior federal attorney Shamsul Bolhassan.

In cases of judicial review, permission (permission) must be granted to ensure that the request is not frivolous or constitutes an abuse of the legal process.

The wife of former Prime Minister Datuk Seri Najib Razak filed the petition on June 24 naming the Attorney General/Public Prosecutor, the Government of Malaysia and Sri Ram as defendants.

She is asking for a statement that her solar hybrid trial is null and void. The statement is based on the legality of Sri Ram’s letter of appointment or “fiat”.

Request made out of time

In the OP, Shamsul pointed out that the judicial review application was filed out of time as it should have been filed within three months when the grounds for dissatisfaction first emerged.

“[It is our submission] this [the] the three-month time limit is a rigid rule that must be adhered to by any party wishing to file an application for judicial review,” he said, adding that his application interferes with the proper administration of criminal justice.

Rosmah’s candidacy is for the nomination of Sri Ram as head of the prosecution in his criminal trial, which began in November 2018.

High Court Judge Mohamed Zaini Mazlan is due to deliver his decision on September 1.

Judge Ahmad Kamal allows Sri Ram to appear as putative respondent

The authorization hearing has been set for Wednesday July 6 before Judge Datuk Ahmad Kamal Md Shahid. However, Rosmah’s lawyer, Datuk Jagjit Singh, requested more time as they had just received the order form from the MCO on Wednesday afternoon.

Judge Ahmad Kamal said on Wednesday he was using his discretion to allow Sri Ram to appear as a putative defendant in the case.

The High Court judge then set August 4 to hear the AGC PO’s submission and Sri Ram’s affidavit opposing the clearance he had filed on June 28.

Rosmah is also represented by Datuk Akberdin Abdul Kader in this case.

Rosmah supports the three fiats of Sri Ram

In his application, Rosmah also seeks a declaration that Sri Ram’s three fiats – dated July 8, 2020, May 11 and May 21, 2021 – were invalid.

She argues that the first decree was an afterthought as it was signed by Attorney General (AG) Tan Sri Idrus Harun on July 8, 2020 when it should have been signed by AG Tan Sri Tommy Thomas on November 15 or before. 2018.

She also disputes Thomas’ explanation that an oral fiat (permission) was sufficient.

Furthermore, she argues that the second fiat is “non-existent” as Thomas in his book “My Story: Justice in the Wilderness” published in 2021, said that Sri Ram’s appointment was linked to 1Malaysia Development Bhd which, according to Rosmah, excludes his essay solar corruption.

As for the third fiat, she claims that it cannot be retroactive because it will infringe her rights.

Subsequently, it also requests a declaration of acquittal and discharge of the charges in the solar case.

Sri Ram, a former Federal Court judge, has acted as senior deputy attorney general since the start of Rosmah’s criminal trial.

“Declaratory orders in the jurisdiction of the civil courts”

Rosmah’s previous claims on the same issues had been dismissed by the High Criminal Court, the Court of Appeal (CoA) and the Federal Court.

Rejecting his candidacy on September 24, 2021, Judge Zaini ruled that Sri Ram’s nomination by Attorney General Thomas was valid.

His appeal to the CoA was dismissed on December 6, 2021. CoA Judge Datuk Hanipah Farikullah, who led a three-member bench, ruled that the criminal court, empowered by the Code of Criminal Procedure (CPC), did not no jurisdiction to grant the declarations requested.

In agreement with the appeals court, the Federal Court also dismissed Rosmah’s last appeal on the matter on May 27, 2022. In its ruling, a three-member panel headed by Judge Datuk Seri Mohd Zawawi Mohd Salleh said that ‘there are other laws such as the courts. of Judicature Act 1964 which confers inherent powers on the civil court.

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