Judge Mohamed Zaini Mazlan said Sri Ram’s appointment under Sections 376, 377, 378 and 379 of the Criminal Procedure Code by the then attorney-general Tommy Thomas on August 2018 is valid.

“Having viewed all the provisions in a holistic manner, I find the appointment is valid,” he said.

Zaini also accepted the alternative submission by the prosecution that the present Attorney-General Idrus Harun’s backdated appointment letter for Sri Ram, which was issued on May 21 this year could cure any defect by Thomas.

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

The judge also dismissed a stay of proceeding pending appeal to the Court of Appeal.

Zaini, in referring to a Federal Court judgment, 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 considered special circumstances in this case to stay the trial,” he added.

Rosmah is scheduled to take the stand on Oct 5, when the defence case begins.

She is charged with soliciting RM187.5 million from contractor Saidi Abang Samsudin in the Sarawak schools solar energy supply project, as well as receiving RM6.5 million in cash from him.

It is alleged that the money was meant to help Saidi’s company, Jepak Holdings Sdn Bhd, to secure the RM1.25 billion project.

In February, Zaini ordered Rosmah, 69, to enter her defence on all three charges of corruption.