However, a three-member bench chaired by Hanipah Farikullah fell short of issuing a warrant of arrest and revoking her bail as requested by Sri Ram for failing to adhere to an Oct 15 High Court order.
“The court is using its discretion to withhold the arrest warrant. Moreover, she (Rosmah) has never been absent from the High Court proceedings,” Hanipah said.
The wife of former prime minister Najib Razak is said to be still in Singapore visiting her daughter, Nooryana Najwa, who recently delivered her second baby.
According to the High Court order issued by Judge Mohamed Zaini Mazlan, she is to return on or before Nov 21 and surrender her passport before Dec 6.
Hanipah, who sat with M Gunalan and Hashim Hamzah, said the bench also noted the explanation by Rosmah’s lawyer Jagjit Singh that it was due to his oversight that she was absent today.
Hanipah said the bench will give Rosmah the opportunity to appear before them on Monday at 9am.
At the outset of today’s proceeding, Hanipah queried whether Rosmah was present in court to follow her appeal.
Jagjit said there was a change in her travel plans after taking into consideration the quarantine duration imposed by Malaysia and Singapore.
When Hanipah asked if Rosmah had returned to the country, as required under the High Court order, Jagjit replied that his client was still in the island republic.
At this juncture, Sri Ram applied for the court to issue a warrant of arrest and for Rosmah’s bail to be revoked for breaching the court order.
“She is not a child who does not know her duties, responsibilities and liabilities,” he said.
Akberdin Abdul Kader, who is appearing with Jagjit, then said that they had written to the Court of Appeal registry yesterday to notify that Rosmah will return to Malaysia on Dec 6.
Hanipah said the bench was given the letter just minutes before the proceeding started today.
Jagjit then stood up and said he took full responsibility for Rosmah’s absence and sought an adjournment until Monday so that she could attend court.
However, Sri Ram protested, saying it was important for the court order to be complied with.
“The arrest warrant must be issued and bail cancelled. If not court orders will not be respected and will become worthless pieces of papers,” he said.
The former Federal Court judge reminded the court that it would have acted swiftly “if the accused was an ordinary person like Ahmad bin Abdul, Muniandy or Ah Chong”.
Sri Ram said the law must be applicable across the board or else the public will lose confidence in the courts.
Hanipah said Rosmah should have sought an extension of the order.
Jagjit again apologised profusely to the bench but Sri Ram said the senior lawyer could not go to jail on Rosmah’s behalf.
On Sept 24, Zaini ruled Sri Ram’s appointment under the Criminal Procedure Code by the then attorney-general Tommy Thomas in August 2018 was valid.
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 defects by Thomas.
He said this was because Section 50(b) of the Interpretation Acts 1948 and 1967 empowers any authority to make an appointment with retrospective effect.
Rosmah is charged with soliciting RM187.5 million from contractor Saidi Abang Samsudin in the Sarawak schools solar hybrid 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.
Rosmah, who had been ordered to enter her defence, will resume giving evidence before Zaini on Dec 8.
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