It is understood that Rosmah's application is centred on the purported leak of the judgement for the case, which is now subject to police investigations. (Photo by Patrick Goh/The Edge)
KUALA LUMPUR (Aug 31): As Datin Seri Rosmah Mansor is faced with a verdict on Thursday (Sept 1) over three counts of graft in relation to the solar hybrid project for 369 rural schools in Sarawak, the wife of former prime minister Datuk Seri Najib Razak filed an 11th hour application to recuse trial judge Mohamed Zaini Mazlan.
In the application filed on Tuesday seeking to remove Zaini, Rosmah also sought a stay of the announcement of the verdict.
It is understood that her application is centred on the purported leak of the judgement for the case, which is now subject to police investigations.
Rosmah’s lawyers also filed an appeal on Tuesday to declare a nullity of the solar hybrid graft trial owing to the High Court’s Appellate and Special Powers Division having dismissed her application to remove Datuk Seri Gopal Sri Ram as a special deputy public prosecutor from leading the prosecution.
On Tuesday, judge Datuk Ahmad Kamal Md Shahid dismissed granting leave for Rosmah to initiate the judicial review application to remove Sri Ram as he allowed the preliminary objection made by the Attorney General’s Chambers.
Rosmah was questioning former Federal Court judge Sri Ram's fiat to prosecute her.
When contacted by theedgemarkets.com, Rosmah’s counsel Datuk Akberdin Abdul Kader confirmed both matters, but declined to provide details.
This is Rosmah’s second application to recuse Zaini, after she made an application to remove the judge from presiding in her second trial involving money laundering and tax evasion charges of RM7.1 million between 2013 and 2017.
With this application, it remains to be seen whether Zaini would as scheduled announce his decision on the solar hybrid graft trial on Thursday.
This follows that the recusal application may have to be heard first before the verdict is delivered.
Already, Najib is serving a 12-year jail sentence and RM210 million fine, after the apex court on Aug 23 dismissed the former premier and former finance minister’s appeal with regard to the SRC International Sdn Bhd abuse of power, criminal breach of trust and money laundering case.
Rosmah, 70, is facing three charges of which the first is where she is alleged to have solicit RM187.5 million of the RM1.25 billion solar hybrid project for rural schools in Sarawak from contractor Jepak Holdings Sdn Bhd between January and April 2016 — through her former aide Datuk Rizal Mansor.
The second and third charges are where she is claimed to have received RM5 million and another RM1.5 million from former Jepak Holdings managing director Saidi Abang Samsudin — at her private residence in Jalan Langgak Duta and then Najib’s official residence in Seri Perdana between Dec 20, 2016 and Sept 7, 2017.
If convicted, Rosmah stands to face between 14 days and 20 years in jail, and a fine of five times the amount received or solicited for each of the charges.