(C) Malaysia
Datuk Seri Mohd Zawawi Salleh headed a three-member panel that said the criminal court lacked jurisdiction to give Rosmah’s declaratory relief.
“We concur with the court’s reasoning. We don’t think criminal courts have the power to issue declaratory relief, he added.
Justice Mohd Zawawi noted the Courts of Judicature Act 1964 and the Rules of Court 2012 only gave the civil court inherent jurisdiction.
He claimed the Criminal Procedure Code was a full criminal procedure statute.
“Therefore, there’s no dispute about whether the criminal court may give relief. The judge rejected the appeal.
Datuk Vernon Ong Lam Kiat and Datuk Mohamad Zabidin Mohd Diah presided.
The panel ruled after hearing Sri Ram’s and Rosmah’s arguments.
The highest court also rejected Rosmah’s argument about Sri Ram representing the prosecution.
“The court found no conflict of interest in Sri Ram’s prosecution role.” Therefore, he may continue as senior deputy public prosecutor. Mohd Zawawi dismissed the preliminary objection.
Rosmah, 70, wife of former prime minister Datuk Seri Najib Razak, appealed the Court of Appeal’s December 6 decision to deny her plea to annul her whole trial and remove Sri Ram as main prosecutor in the case.
On September 24, High Court judge Mohamed Zaini Mazlan dismissed her application, saying that the then Attorney General Tan Sri Tommy Thomas’s authorization for Sri Ram to conduct the criminal prosecution in Rosmah’s case was valid under Section 376 (3) of the Criminal Procedure Code in his capacity as Public Prosecutor.
Rosmah is accused of soliciting RM187.5 million and receiving bribes totaling RM6.5 million from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin through her former assistant Datuk Rizal Mansor as a reward for helping Jepak Holdings secure a RM1.25 billion project to equip 369 rural Sarawak schools with solar hybrid power.
Mohamed Zaini will decide on July 7 whether Rosmah will be acquitted or convicted on three corruption counts.
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