[UPDATED] Rosmah files last-minute bid to remove presiding judge in graft case

KUALA LUMPUR – Two days before her judgment is set to be handed down, Datin Seri Rosmah Mansor has filed an application to remove high court judge Mohamed Zaini Mazlan from presiding over her corruption case.

In her application at 11pm yesterday, she cited loss of confidence following the leak of an alleged draft judgment – published on the Malaysia Today website – that she claimed was not drawn up by the judge.

She filed the notice of motion through Messrs Akberdin & Co, naming the public prosecutor as respondent.

She is also seeking an order that with the recusal of the judge, the solar case should be heard, retried or decided by another high court judge.

“The applicant (Rosmah) respectfully stated that the action, where a judgment is prepared by another party and not the presiding judge, is in breach of the Judges’ Code of Ethics, including paragraphs 5, 7, 8 and 11 when he had (allegedly) allowed a third party to prepare the judgment/decision on his behalf.

“In fact, the existence of the written judgment, whether voluntary or otherwise, directly or indirectly, has caused the applicant to lose confidence towards him (Zaini) whether he could exercise his duty fairly and justly, without being influenced by a third party.

“The judgment, which has gone viral, with respect, has drawn slander, perception as well as allegations towards the efficiency, honesty, fairness, equality, authority and/or integrity of the court in administrating, hearing, deliberating and/or (deciding) on the solar case with prudence, ethics, trust, fairness and equality,” said Rosmah in her application to the court. 

The paragraphs listed were on the judge’s responsibility in upholding the integrity and independence of the court; performing their duties fairly and efficiently; minimising the risk of conflict between their official functions and extrajudicial activities; and administering the order and direction of the court.

Rosmah also stated her concern in the application that the court did not outright deny the authenticity of the written judgment but merely stated it was used as a reference. 

The Chief Registrar’s Office of the Federal Court had earlier condemned a leaked 71-page document purportedly containing the judgment in Rosmah’s case.

In a statement last Saturday, it said such actions were “a deliberate act to affect the operation of the court and the administration of justice”, and that a police report was lodged over the articles published by the Malaysia Today website.

Rosmah will know her fate tomorrow as the high court here is set to deliver its verdict in the graft case linked to the RM1.25 billion solar hybrid energy project. 

She is charged with soliciting RM187.5 million and two counts of receiving bribes of RM6.5 million from Jepak Holdings Sdn Bhd’s former managing director Saidi Abang Samsudin through her former special officer Datuk Rizal Mansor.

The kickbacks were allegedly an inducement to help the company Jepak Holdings secure the hybrid photovoltaic solar system integrated project for 369 rural schools in Sarawak, worth RM1.25 billion. – The Vibes, August 31, 2022