Senior deputy public prosecutor (DPP) Gopal Sri Ram said a criminal court could only acquit, convict or quash a charge for being groundless.
“The appellant (Rosmah) should have filed a judicial review (in a civil court) for such a declaration,” he told a three-member bench chaired by Hanipah Farikullah in raising a preliminary objection.
Rosmah, the wife of former prime minister Najib Razak, is appealing against a High Court ruling that Sri Ram’s appointment as senior DPP in August 2018 under the Criminal Procedure Code by then attorney-general Tommy Thomas was valid.
In her application made in May, Rosmah wants her trial to be nullified and she be acquitted if Sri Ram’s appointment was found to be null and void.
Today, Rosmah’s lawyer, Jagjit Singh, said the issue of whether a criminal court could hear a declaratory relief was being raised by the respondent (public prosecutor) for the first time.
Sri Ram responded that the jurisdiction point – whether the criminal court is competent to hear the appeal – could be raised at any time.
He said he was prepared to come back and argue the matter by putting in written submissions and had no objection if Jagjit asked for time to respond.
Hanipah, who sat with M Gunalan and Hashim Hamzah, allowed the application since the point raised by Sri Ram was quite critical and it would have implications on the merit of Rosmah’s appeal.
Earlier, Sri Ram also raised another preliminary objection, saying this court should not entertain Rosmah’s appeal.
“Her (Rosmah’s) decision to remove me as prosecutor is premature. She can raise this as a ground of appeal later only if the High Court judge finds her guilty of the corruption charges,” he said.
He said his appointment would become a non-issue if the trial court acquitted Rosmah.
Rosmah is charged with soliciting RM187.5 million from contractor Saidi Abang Samsudin in connection with the Sarawak schools solar panel 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, secure the RM1.25 billion project.