DATIN SERI ROSMAH BINTI MANSOR 1. ) Peguam Negara / Malaysia 2. ) Kerajaan Malaysia 3. ) DATUK SERI GOPAL SRI RAM

DATIN SERI ROSMAH BINTI MANSOR 1. ) Peguam Negara / Malaysia 2. ) Kerajaan Malaysia 3. ) DATUK SERI GOPAL SRI RAM

The Court held the grounds for the JR arose when the applicant was first given sight of the prosecutorial fiat(s) (at the latest 8-4-2021 or 21-5-2021); the JR filed on 24-6-2022 was therefore outside the mandatory three month period in O.53 r.3(6); no good reason existed to extend time under r.3(7); the appeal was dismissed and costs were awarded to respondents.

Citation
W-01(IM)-684-09/2022 (Mahkamah Rayuan)
Parties
Appellant / Applicant: Datin Seri Rosmah Binti Mansor; 1st Respondent: Peguam Negara / Pendakwa Raya Malaysia; 2nd Respondent: Kerajaan Malaysia; 3rd Respondent: Datuk Seri Gopal Sri Ram
Court
IM
Jurisdiction
Malaysia
Judgment Date
22 June 2023
Case Number
W-01(IM)-684-09/2022 (Mahkamah Rayuan)
Procedural Posture
Judicial Review (civil) Challenge to Prosecutorial Fiats Arising From Criminal Proceedings; Appeal From High Court Refusal of Leave / Court of Appeal Judgment on Appeal From High Court Order Refusing Leave for Judicial Review
Outcome
Appeal dismissed
Legal Topics
Judicial Review Time Limits, Appointment of Prosecutor (fiat), Jurisdiction of Criminal Courts to Grant Declaratory Reliefs, Extension of Time Under Procedural Rules
Source Language
Malay/English
Administrative Law Criminal Procedure Constitutional Law Judicial Review Time Limits Appointment of Prosecutor (fiat) Jurisdiction of Criminal Courts to Grant Declaratory Reliefs Extension of Time Under Procedural Rules

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Parties

Datin Seri Rosmah Binti Mansor

Appellant / Applicant

Peguam Negara / Pendakwa Raya Malaysia

1st Respondent

Kerajaan Malaysia

2nd Respondent

Datuk Seri Gopal Sri Ram

3rd Respondent

Procedural Posture

Judicial Review (civil) Challenge to Prosecutorial Fiats Arising From Criminal Proceedings; Appeal From High Court Refusal of Leave / Court of Appeal Judgment on Appeal From High Court Order Refusing Leave for Judicial Review

Legal Issues

  1. 1 When did the grounds for judicial review first arise for the purpose of O.53 r.3(6) Rules of Court 2012
  2. 2 Whether the judicial review application filed 24-6-2022 was within the three month limitation period
  3. 3 Whether the Court should exercise discretion under O.53 r.3(7) to extend time

Ratio Decidendi

The Court held the grounds for the JR arose when the applicant was first given sight of the prosecutorial fiat(s) (at the latest 8-4-2021 or 21-5-2021); the JR filed on 24-6-2022 was therefore outside the mandatory three month period in O.53 r.3(6); no good reason existed to extend time under r.3(7); the appeal was dismissed and costs were awarded to respondents.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of RM10,000.00 awarded to the 1st and 2nd Respondents