KUALA LUMPUR: Datin Seri Rosmah Mansor has no confidence she will get a fair trial for her money laundering and tax evasion charges if it is heard before High Court judge Mohamed Zaini Mazlan.
This is because Zaini is also the presiding judge in Rosmah's ongoing trial involving a solar hybrid project in Sarawak and other cases related to her husband Datuk Seri Najib Razak and 1Malaysia Development Berhad (1MDB).
Rosmah's counsel Datuk Firoz Hussein Ahmad Jamaluddin said Zaini should have recused himself from presiding over the money laundering trial as he has been influenced by other court cases.
He said Zaini may not be able to carry out his judicial function without having pre-judged issues and therefore pose real danger of bias to Rosmah.
"Your Lordship is or has been the presiding judge for the following matters - 1MDB audit case, 1MDB forfeiture case, solar hybrid case, and money laundering case which concerns the applicant (Rosmah), her family members, and/or the same witnesses.
"There would be real danger or likelihood that Your Lordship could have been influenced by the evidence in those cases which would inevitably lead you to pre-judge or pre-determine the issues in these proceedings in relation to the applicant.
"It is pertinent to acknowledge and accept that human frailty is an important factor to be considered even when it comes to those who are trained to be independent and fair-minded, because a judge is human after all," he said when submitting to recuse Zaini in Rosmah's RM7 million money laundering and tax evasion case today.
He said the extensive nature of the evidence heard by Zaini will inevitably make it difficult for him to divide on the issues of the money laundering case with an independent and fair mind.
"Your action to continue to preside over this case not only runs the risk of tainting the trial, but also risks contaminating the solar case.
"It will appear to a lay observer that Your Lordship is unable to maintain the independence and impartiality required of a judge," he said.
On Feb 18 last year, Zaini who is also the presiding judge in Rosmah's other corruption case involving a solar hybrid project in Sarawak ordered the latter to enter her defence after he ruled the prosecution had made out a prima facie case against her.
Firoz said the accused must be given a fair trial without being affected by how the accused is painted in the public eye and without the importation of previous decisions in other cases.
"In the interest of upholding natural justice and preserving the appearance of impartiality of the judiciary, we therefore submit that Your Lordship should be recused or should recuse yourself from the money laundering case," he added.
Meanwhile, Deputy Public Prosecutor Datuk Seri Gopal Sri Ram contended that Rosmah's application was an abuse of the process of law as the same court has already decided on a similar application by her last year.
Sri Ram said the current recusal application actually sought similar reliefs like the previous failed recusal bid.
"This latest recusal application is fatally flawed. This court has already heard and dismissed Rosmah's previous recusal application on Dec 14 last year," he said.
The court fixed March 21 for decision.
Rosmah, 70, is facing 12 charges of money laundering involving RM7.09 million and five counts of failure to declare her income to the Inland Revenue Board (IRB).
She was accused of committing the offences between Dec 4, 2013, and June 8, 2017.
The charges for tax evasion made under Section 77(1) of the Income Tax Act 1967 required her to furnish returns of her income for the assessment year 2013 to 2017 to the IRB Director-General on or before April 30, 2014, 2015, 2016, 2017 and 2018 without reasonable excuse contrary to Section 112 of the law.