DATIN Seri Rosmah Mansor has filed a legal bid to recuse the high court judge presiding over the US$346 million lawsuit filed against her by 1Malaysia Development Bhd (1MDB) due to an alleged conflict of interest.
The application was filed through Messrs Reza Rahim & Rajivan.
Rosmah applied to recuse Adlin Abdul Majid on grounds of Adlin’s previous employment with Messrs Lee Hishammuddin Allen & Gledhill (LHAG), which she said has been involved in 1MDB’s asset recovery since 2018.
Justice Adlin was a partner at the firm between March 2011 and March 2021 before she was appointed as a judicial commissioner on April 1, 2021.
Rosmah said she believed that LHAG was appointed to represent 1MDB as early as 2018 to recover the company’s assets, based on media reports between August 30, 2018 and June 4, 2021.
She argued that there was a “real danger of bias” should Adlin continue to preside over the matter.
She cited Rule 6 of the Judges’ Code of Ethics 2009 that “a judge shall act at all times in a manner that promotes integrity and impartiality of the judiciary”.
“It is my absolute right to a fair trial and that right would be prejudiced if justice Adlin continued to hear the lawsuit,” she said.
Rosmah is seeking for the judge to recuse herself, and for the case to be transferred to another court.
It was reported on May 10 that 1MDB and its subsidiaries have filed a civil lawsuit against Rosmah seeking US$346 million purportedly belonging to the company.
The plaintiffs claimed that Rosmah had used the funds from the companies to purchase luxury items such as jewellery, watches and handbags.
They also claimed that the funds were channelled to the recipients through various offshore companies.
The plaintiffs are seeking a court order to compel Rosmah to pay US$346,010,489 or such other sum as to be assessed by the court.
They are also seeking damages or fair compensation to be determined by the court. – June 26, 2024
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