[UPDATED] Rosmah’s case ‘trash draft judgment’ leaked to ‘influence’ judge: Jagjit

KUALA LUMPUR – The leaked “draft judgment” on Datin Seri Rosmah Mansor’s RM1.25 billion corruption trial is now the centre of the defence team’s lengthy oral submissions in the latest bid to recuse the presiding judge, Mohamed Zaini Mazlan.

Defence counsel Datuk Seri Jagjit Singh has branded it “trash” meant to “influence” Zaini in his verdict.

In his lengthy oral submission, Jagjit argued that a person without the appropriate authority could have ordered the preparation of the draft judgment in order to influence the outcome of the trial.

However, he said the defence team is not stating that Zaini himself ordered a third party to prepare the “draft”.

Zaini then questioned how the defence would label the two documents in the application to recuse him from the trial.

While Jagjit was initially hesitant to answer, he finally said the documents were a “draft judgment” supposedly prepared for Zaini.

Zaini: “What do you call these two documents then, Datuk?”

Jagjit: “I don’t know my lord, I dare not label them but they are incriminating documents – as if the decision was taken by a person without authority to influence the judgment-making process.”

Earlier in his submission, Jagjit brought up the document’s authenticity, saying that the prosecution did not outright deny that the contents were false.

He was also perplexed that there were “different bodies of writing” throughout the documents, alluding that they were prepared by several people who could have access to privileged information known only to the presiding judge.

“The documents had ended with ‘for Yang Arif’s consideration’ and it had mentioned ‘we’. So who is the ‘we’? Who is the ‘we’?” Jagjit said in a raised voice.

He added that while the authenticity of the documents remains in question, ordinary folk in rural Malaysia might perceive that it was written by Zaini himself, which could invite questions over the judge’s impartiality.

“I’m not trying to do a Marc Anthony speech or Julius Caesar. I am just here to tell your lordship as professionally as I can, without mala fide, on the contentious issue.”

In his rebuttal, lead senior deputy public prosecutor Datuk Seri Gopal Sri Ram concurred with Jagjit’s assessment that the two documents were “trash”.

“Supposed both of those opinions had said the accused were to be acquitted, would they (the defence) make this application?”

Sri Ram also drew attention to the administrator of the Malaysia Today website, Raja Petra Kamaruddin, who the deputy public prosecutor described as a “fugitive from justice, rogue journalist who delivers his views based on how he is paid”.

In his rebuttal, he added that the use of judicial clerks is a norm in some Commonwealth countries, and even in the United States and Singapore.

At around 1pm, the court adjourned for lunch. Zaini is expected to deliver his decision on the recusal bid after.

In her application around 11pm on Tuesday, 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 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.

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, 70, 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

MORE TO FOLLOW