Rosmah Mansor is seeking to recuse judge Mohamed Zaini Mazlan from hearing her RM7 million money laundering and tax evasion case.
Through an application filed in the High Court in Kuala Lumpur on Nov 2, the wife of former prime minister Najib Abdul Razak claimed there is a risk of the judge being prejudiced and biased against her.
Her defence counsel, Geethan Ram Vincent, confirmed with Malaysiakini recently about the court filing, explaining that the primary ground for recusal was an alleged conflict of interest.
Geethan claimed that this took place when Zaini allowed the prosecution to tender her MACC cautioned statement in her separate corruption case linked to the RM1.25 billion solar hybrid energy project in Sarawak.
The cautioned statement is in relation to her RM7,097,750 money laundering and tax evasion case.
Zaini is not only presiding over her money laundering and tax evasion case, which has yet to go to trial, but also her ongoing corruption trial linked to the RM1.25 billion solar hybrid energy project for 369 rural schools in Sarawak.
On Oct 21, during the defence stage of Rosmah’s solar project corruption trial, the judge allowed the prosecution’s application to impeach her credibility by referring to the cautioned statement she gave to MACC during an investigation into her money laundering and tax evasion case.
Earlier, on Feb 18 this year, Zaini ordered Rosmah to enter her defence in the solar project corruption case.
In regard to the recusal application, Geethan contended that Zaini, who is currently hearing Rosmah’s ongoing solar project corruption trial, has already sighted her MACC cautioned statement before the judge even presided over the trial of the money laundering and tax evasion case.
“There is the likelihood of prejudice and bias when he (Zaini) allowed the prosecution to introduce the cautioned statement.
“When he allowed this, he had then already sighted her cautioned statement,” Geethan claimed.
The lawyer contended that this brings a risk of the judge not having a fair mind when hearing Rosmah’s money laundering and tax evasion case.
According to a copy of the recusal application sighted by Malaysiakini, Rosmah is seeking an order for Zaini to recuse himself from hearing her money laundering and tax evasion case.
She also seeks an order for a different High Court judge to preside over her money laundering and tax evasion case.
“His Honourable Mohamed Zaini had also, in the solar case, allowed the prosecution’s application to cross-examine the applicant (Rosmah) by using the cautioned statement recorded in relation to investigation in this case (Amla case, in relation to Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001).
“The statement and exhibits produced before this court in the solar case trial whereby it directly/indirectly could influence His Honourable Mohamed Zaini if His Honourable Mohamed Zaini hears this case (money laundering and tax evasion case).
“The applicant’s right to a fair trial is safeguarded as a fundamental right enshrined under the Federal Constitution.
“This right would be gravely prejudiced and become pointless if His Honourable Mohamed Zaini presides over the trial of this (money laundering and tax evasion) case,” Rosmah contended through the court filing.
Meanwhile, according to Geethan, the recusal application is set for case management before the High Court in Kuala Lumpur this morning.
Rosmah faces 12 money laundering counts involving RM7,097,750 and five charges of failing to declare her income to the Inland Revenue Board (IRB).
The offences were purportedly committed at Affin Bank Berhad, Bangunan Getah Asli branch, ground Floor, 148 Jalan Ampang, Kuala Lumpur, between Dec 4, 2013, and June 8, 2017, and the IRB office at Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim, KL, between May 1, 2014, and May 1, 2018.
The money laundering charges are framed under Section 4(1) (a) of Amla, and punishable under Section 4(1) of the Act, with a jail term of up to 15 years and a fine of not less than five times the value of the unlawful activity proceeds or RM5 million, whichever is higher, if convicted.
The tax evasion charges under Section 77(1) of the Income Tax Act 1967, claim that Rosmah failed to furnish returns of her income, for the 2013 to 2017 assessment years, to the IRB director-general on or before April 30, 2014, 2015, 2016, 2017 and 2018 without reasonable excuse, in alleged contravention of Section 112 of the Act. - Mkini
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