Court says no to Rosmah

A three-judge panel chaired by Justice Hanipah Farikullah unanimously dismissed Rosmah’s appeal against the High Court’s dismissal of her leave application to initiate judicial review on grounds that there was no merit in the appeal.In the decision, which was read out by Justice See, the panel agreed that Rosmah’s application for leave to initiate the judicial review at the High Court was “out of time”.

Justice See said the appellant should have filed the application within the time frame where the appellant would have been aware that the fiat was, in their own words, invalid, thus rendering the appointment of Sri Ram illegal, irregular and defective, and the proceedings of the solar hybrid case a nullity, void and a mistrial.

In addition, she sought a declaration that the entire prosecution proceedings and full trial for the solar case which took place from Nov 15, 2018 until the defence closed the case were invalid and void. On Aug 30, 2022, the High Court dismissed her application on grounds that the application for leave for judicial review made under Order 53 rule 3 of the Rules of Court 2012 challenging Sri Ram’s fiat must be filed within three months from the date when the grounds of application first arose or when the decision was first communicated to the applicant .

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