Judge Mohamed Zaini Mazlan said the former Federal Court judge’s appointment by the attorney-general in 2018 was deemed to be legitimate unless there was evidence to the contrary.

He said the applicant (Rosmah) had not given justification for the production of the appointment letter.

Zaini said Sri Ram had led the prosecution team since the beginning of the trial early this year.

“There is no basis to produce the letter and the court will not act on lacuna unless there is cogent reason,” he added.

The judge also said the application was made too late in the day.

“Sri Ram’s conduct of the trial is of public knowledge. The applicant was represented by able counsel and had not taken issue on his presence,” he added.

Rosmah last month filed an application to compel Sri Ram to produce his licence to prosecute.

Her lawyer Jagit Singh submitted that the wife of former prime minister Najib Razak had a legitimate expectation to see Sri Ram’s instrument of appointment.

He said Sri Ram was appointed by then attorney-general Tommy Thomas to go through 1MDB investigation papers and also lead the prosecution in two 1MDB cases.

Jagjit said it was unlikely that Sri Ram’s appointment also involved prosecuting his client.

Deputy public prosecutor Poh Yin Tinn, who filed a counter-affidavit to oppose the move, said the application was misconceived as there was no power allowing the High Court to make such an order.

He also said the application was an abuse of the court process and made in bad faith with the collateral purpose of obstructing and delaying the trial.

Rosmah has been charged with soliciting RM187.5 million from Jepak Holdings Sdn Bhd’s then managing director and majority shareholder Saidi Abang Samsudin as an inducement to help the company secure a solar hybrid project for 369 schools in Sarawak.

She is also accused of receiving bribes amounting to RM6.5 million from Saidi between 2016 and 2017.