KUALA LUMPUR – Legal drama ensued five minutes into the day of Datin Seri Rosmah Mansor’s trial verdict at the high court here as one of her lawyers, Datuk Jagjit Singh, appealed for more time to marshal a response to the prosecution’s counter-affidavit on her application to recuse judge Mohamed Zaini Mazlan.
However, senior deputy public prosecutor Datuk Seri Gopal Sri Ram said Rosmah’s application did not have credible evidence to support her justification to recuse the judge.
Sri Ram said the defence’s application was made in bad faith and amounts to an abuse of the process of the court as it was based entirely on hearsay based on news published on an online portal.
Zaini earlier reprimanded the lawyer after Jagjit requested for more time, saying he was ready to hear the merits of the application as the defence filed a certificate of emergency on August 30 as means to expedite hearing on the matter.
“When you filed a certificate of urgency on the 30th, I instructed my officers to fix today itself, irrespective of whether I was due to deliver a decision at the trial. I’m still hearing on the matter today itself, that has been the practice.
“So having said that, Datuk Jagjit, you filed the certificate of urgency, you should be ready,” said the judge.
Zaini told Jagjit he was ready to set aside the prosecution’s affidavit – filed this morning by deputy public prosecutor Poh Yin Tinn – so as not to handicap the defence.
“I have read it. In my opinion, there is no need for you to rebut any facts there, and don’t you think that the facts alleged in your affidavit are something within my personal knowledge?
“It pertained to an alleged judgment of mine written by a third party. I think I'll be the only one that will be able to answer that question,” he said, reiterating that he is ready to hear on the matter today.
“Impress me with your research. Do you want a few minutes?”
Zaini then asked the defence whose idea it was to file the application, to which Jagjit replied, “We act on instruction.”
“You want (the hearing of) the application to be adjourned to another day? This application will become academic after I have delivered my decision,” he added.
Jagjit attempted to explain that the defence would require at least 48 hours to provide written submissions before he was interrupted by Zaini, who corrected him that the court would only stand down momentarily.
Jagjit: “We need 48 hours to prepare written submissions.”
Zaini: “No, no, Datuk, I thought you meant only a few minutes.”
Jagjit: “Your lord doesn’t require written submissions? Fair enough, we accept it.”
Zaini: “You should be prepared, Datuk Jagjit. You came from an era where written submissions were unknown. I have confidence that you will be able to argue on the application, Datuk.”
Jagjit: “I have done extensive reading on the principles of an independent judiciary.”
Zaini: “Then impress me with your research.”
After that, the court took a 30-minute break to grant the defence team some time to prepare to argue Rosmah’s application.
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, September 1, 2022