KUALA LUMPUR: The High Court can summon the doctor who is attending to Rosmah Mansor to provide details of her medical condition, a lawyer said in commenting on the options open to the court in Rosmah’s corruption case.
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Syed Iskandar Syed Jaafar al-Mahdzar said judge Mohamed Zaini Mazlan could seek an explanation from the doctor as to whether the former prime minister’s wife, who is facing three corruption charges, could attend proceedings with proper arrangement.
“I believe the judge could also order a government doctor to review her condition if the prosecution makes an application,” he told FMT.
The lawyer said this in response to the question of what steps the prosecution could take to ensure the trial proceeded without further delay, now that Rosmah has been warded.
In a criminal trial, it is compulsory for the accused to be present to follow the proceedings.
Her lawyer Akberdin Abdul Kader earlier today confirmed that Rosmah, 69, had been admitted at a private hospital here last night for severe neck and backache.
“She has been admitted for some medical complication and on doctor’s advice is under observation,” he told FMT in a text message.
The trial was scheduled to start yesterday and was to last until Feb 13.
Amended charges were supposed to have been read out before ad-hoc prosecutor Gopal Sri Ram made his opening statement to outline the prosecution’s case.
Syed Iskandar said the judge had the inherent power under the Courts of Judicature Act and the Criminal Procedure Code to convert any premise outside the court into a court to hold proceedings.
“He could preside outside the court over the reading of the amended charge and the opening statement to mark that the trial had started,” he said, adding that witnesses could be called to testify on another date.
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Lawyer R Kengadharan, however, said the paramount consideration of the judge must be to determine whether Rosmah was medically fit to stand trial.
“Justice and fair play is not only to the state but to accused person too,” he added.
Yesterday, Rosmah’s lead counsel Jagjit Singh applied to Zaini to adjourn the trial as she was on medical leave and unfit to attend court.
“She is suffering from pain in the neck and arthritis,” he said, describing it as a “life-threatening condition”.
The lawyer also tendered Rosmah’s medical report to the court that said she was treated yesterday at KPJ Ampang Puteri Hospital for “severe recurrent neck pain with upper limb radiculopathy”.
Sri Ram, however, objected to the medical certificate tendered in court as it was not issued by a government doctor.
“This is a last-minute attempt by her to stay away from court. She is suffering from an overdose of publicity and wealth,” said the senior lawyer who was a former judge.
Zaini said he sympathised with Rosmah’s situation but that the trial dates were precious to him.
The judge has ordered Rosmah to be present in court tomorrow and said he would allow her to sit on a wheelchair instead of in the dock and would break for short recess if she was in pain.
Last year, Rosmah claimed trial to soliciting RM187.5 million and two counts of accepting bribes totalling RM6.5 million for the supply and installation of solar energy to 369 rural schools in Sarawak. -FMT