Malaysia
Rosmah applies to remove trial judge two days before bribery verdict to be known
Datin Seri Rosmah Mansor is pictured at the Kuala Lumpur Court Complex August 26, 2022. — Picture by Firdaus Latif

KUALA LUMPUR, Aug 31 — Datin Seri Rosmah Mansor is seeking the removal of Mohamed Zaini Mazlan, the High Court judge who heard her bribery trial and is scheduled to announce his verdict tomorrow.

Rosmah's lawyer Datuk Akberdin Abdul Kader confirmed with Malay Mail today that an application seeking the judge’s recusal was filed at the High Court here yesterday.

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In the application, Rosmah wants Zaini to recuse himself from hearing or making any decision or order related to her bribery trial, as well as any related proceedings or applications.

The wife of convicted former prime minister Datuk Seri Najib Razak also wants the court to suspend pronouncement of the trial verdict until her application is decided or until investigations into complaints and police reports are completed.

Lastly, she wants a new trial by another judge after Zaini is recused.

Akberdin confirmed that Rosmah's team of lawyers will ask Zaini tomorrow morning to hear the application for his recusal first, before he starts to deliver his decision on whether to convict or acquit Rosmah in the bribery case.

Deputy public prosecutor Ahmad Akram Gharib separately confirmed that the prosecution received Rosmah’s application yesterday, when contacted by Malay Mail today.

He added that the prosecution will be objecting to this application.

Rosmah was charged in November 2018 with one count of soliciting RM187.5 million and one count of receiving a RM1.5 million bribe from Jepak Holdings’ former managing director Saidi Abang Samsudin in connection with a RM1.25 billion solar hybrid energy government contract for rural schools in Sarawak.

She was in April 2019 charged with the third count of corruption, namely allegedly receiving a RM5 million bribe from Saidi via her aide.

Her trial formally started in February 2020.

Hearing concluded in February this year, with 23 prosecution witnesses and two defence witnesses, including Rosmah, testifying during this two-year period.

Rosmah has so far filed three applications challenging the appointment of lead prosecutor Datuk Seri Gopal Sri Ram.

Two of these applications were also aimed at nullifying the entire trial but all her attempts have been rejected so far.

The most recent was on August 30 when the civil High Court refused to grant leave to hear her challenge.

Zaini had on May 12 initially fixed July 7 as the date for the delivery of his decision on whether Rosmah would be convicted of the three bribery charges, but the decision date was on July 1 rescheduled to September 1 based on the availability of all parties.

In her application to remove Zaini, Rosmah an August 26 article that appeared on the Malaysia Today website associated with fugitive blogger Raja Petra Kamarudin that claimed a written judgment had been prepared by persons unknown on behalf of the trial judge ahead of the verdict.

Rosmah alleged that the article has made her lose confidence in Zaini as the presiding judge in the case and the outcome of tomorrow’s verdict.

She also referred to a 71-page document published August 26 on Malaysia Today that purported to be the leaked written judgment.

She said this made her doubt Zaini’s integrity and ability to judge fairly without influence from a third party.

While Malaysia Today had described the 71-page document as the written judgment, the document itself only states that it is prepared by the judiciary's research unit to provide notes on the case to Zaini.

Court officials have filed a formal complaint and police have confirmed that the case is being investigated under the Official Secrets Act and Section 203A of the Penal Code for illegal disclosure of confidential information.

Malay Mail

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