PUTRAJAYA: The Court of Appeal today allowed Datin Seri Rosmah Mansor's application to postpone her appeal hearing on the conviction and sentence over the RM1.25 billion solar hybrid project for 369 rural schools in Sarawak.
A three-member bench led by Judge Datuk Azizah Nawawi made the ruling during the hearing of the case today.
"This is the first time the applicant (Rosmah) asked for postponement due to her pending appeal to nullify the appointment of lead prosecutor at the Federal Court.
"Since there is no objection from the prosecution, we allowed the application," she said briefly.
The other judges who also presided in the proceedings were Datuk Ahmad Zaidi Ibrahim and Datuk S. M. Komathy.
Earlier, Rosmah's counsel Datuk Jagjit Singh said the postponement is to give way to his client other appeal at the Federal Court in her bid to disqualify the fiat obtained by the late Datuk Seri Gopal Sri Ram.
Rosmah, on Wednesday, filed an application at the Apex Court to challenge the appointment of Sri Ram as the lead prosecutor in her solar hybrid project graft case.
She sought a declaration that Sri Ram's appointment as senior deputy public prosecutor through three fiats dated July 8, 2020, May 11 and May 21, 2021 was unlawful.
The wife of former prime minister Datuk Seri Najib Razak is seeking leave from the top court to hear her appeal against the Court of Appeal's decision which dismissed her bid on grounds that her appeal has no merit.
On June 22, the appellate court said the relief sought by the applicant (Rosmah) remained a live issue since it concerns the alleged irregularity, illegality and defectiveness of the government's letter of appointment, or fiat, issued to Sri Ram.
Sri Ram died on Jan 28, at the age of 79, in a private hospital here following a lung infection.
Meanwhile, Deputy Public Prosecutor K. Mangai told the court that the prosecution was instructed not to object to the application.
The court then fixed Sept 18 for the next case management.
On Sept 1, 2022, the then High Court Judge Mohamed Zaini Mazlan found Rosmah guilty of the corruption charges and sentenced her to 10 years in jail and a fine of RM970 million.
Rosmah was charged with soliciting RM187.5 million and two counts of accepting bribes amounting to RM6.5 million from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin through her former aide Datuk Rizal Mansor as a reward for helping Jepak Holdings secure a RM1.25 billion project to provide solar hybrid energy in 369 schools in rural Sarawak.
She has filed an appeal against her conviction and sentence. Her appeal is pending in the Court of Appeal.
Rosmah has been released on RM2 million bail pending her appeal.