Did the Attorney General have the right to issue a retrospective appointment letter?

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The Attorney General's Right to Issue Retrospective Appointment Letters is Under Legal Scrutiny

Datin Seri Rosmah Mansor is challenging the legality of the Attorney General issuing a retrospective appointment letter for Datuk Seri Gopal Sri Ram as lead prosecutor in her corruption case. The Court of Appeal had previously dismissed Rosmah's application to judicially review Sri Ram's appointment. This appeal to the Federal Court centres on whether the current Attorney General, Tan Sri Idrus Harun, possessed the legal authority to issue an appointment letter with a retrospective effective date.
Legal Questions Raised by the Appeal

The appeal filed by Rosmah Mansor at the Federal Court raises several fundamental legal questions concerning the Attorney General's powers. Specifically, the appeal questions whether Tan Sri Idrus Harun had the legal right to issue a retrospective letter of appointment for Datuk Seri Gopal Sri Ram as Senior Deputy Public Prosecutor. The appointment letter in question was dated May 21, 2021, but was made effective from November 15, 2018, a date significantly predating the current Attorney General's tenure.
Context of the Appointment and Prior Rulings

The appointment of Sri Ram as lead prosecutor in the RM1.25 billion solar hybrid project corruption case has been a point of contention throughout the proceedings. Rosmah had previously sought leave to initiate judicial review in the High Court to challenge this appointment, naming the Attorney General, the Government of Malaysia, and Sri Ram himself as respondents. Her application sought declarations that Sri Ram's appointment, evidenced by several letters of appointment (fiat) including those dated July 8, 2020, May 11, and May 21, 2021, was unlawful.
Previous Dismissal of Rosmah's Challenge

Prior to this Federal Court appeal, Rosmah's challenge to Sri Ram's appointment was dismissed at lower levels. The Court of Appeal, on June 22, dismissed Rosmah’s appeal for leave to initiate a judicial review concerning Sri Ram’s role. This followed an earlier attempt by Rosmah to disqualify Sri Ram, which was also dismissed by Justice Mohamed Zaini Mazlan, the judge presiding over her corruption trial. Appeals against these decisions were also unsuccessful.
Potential Implications for Prosecution Proceedings

The core of Rosmah's challenge is that if Sri Ram's appointment is deemed unlawful due to the retrospective nature of the letter, then all subsequent prosecution proceedings and the trial itself could be considered invalid and void. She sought a declaration to this effect, which, if successful, would lead to her acquittal of all charges under Section 16(a)(A) of the Malaysian Anti-Corruption Act 2009. Rosmah was found guilty of corruption charges by Justice Mohamed Zaini Mazlan on September 1, 2022, and sentenced to 10 years' imprisonment and a RM970 million fine, a conviction she is also appealing.

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Did the Attorney General have the right to issue a retrospective appointment letter?

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