ROSMAH MANSOR v. PP AND ANOTHER CASE

[2021] 6 MLRH 1

ROSMAH MANSOR v. PP AND ANOTHER CASE
High Court Malaya, Kuala Lumpur
Mohamed Zaini Mazlan J
[Criminal Application Nos: WA-44-114-05-2021 & WA-44-117-05-2021]
24 September 2021

JUDGMENT

Mohamed Zaini Mazlan J:

Introduction

[1] The applicant faced several criminal charges. The trial proceeded and had been concluded at the prosecution's stage. The applicant was called to enter her defence as the prosecution had succeeded in proving a prima facie case against her.

[2] The applicant had, prior to the commencement of the defence stage filed these two applications, where she sought to contest the validity of the appointment of the advocate who was appointed by the Public Prosecutor to conduct the prosecution in her case, and also to declare the trial null and void and a mistrial. She is also seeking to be acquitted and discharged arising from the declarations sought.

Background

[3] The applicant is facing three charges under s 16(a)(A) of the Malaysian Anti-Corruption Commission Act 2009 in Criminal Trial Nos: WA-45-9-03-2019 and WA-45-19-07-2019 at the Kuala Lumpur High Court. She was charged for soliciting RM187,500,000.00, and accepting gratification of RM6,500,000.00 in total for herself. These were concerning the Education Ministry's RM1.25 billion contract for Sarawak's rural schools' solar hybrid power system and the operation and maintenance of Genset/Diesel project. The trial commenced on 6 February 2020 and would have proceeded seamlessly if not for the restrictions imposed by a few "Movement Control Orders" by the Government to stem the onslaught of the COVID-19 pandemic. The prosecution's team was from the onset led by Datuk Seri Gopal Sri Ram ("GSR"), who had retired as a Judge in the Federal Court in 2010, and now practices as an Advocate and Solicitor.

[4] The prosecution concluded its case after 35 days of trial. 23 witnesses had testified for the prosecution. The prosecution succeeded in proving a prima facie case against the accused in respect of all the charges against her. The applicant was called to enter her defence. The trial dates for the defence stage had also been fixed.

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