The High Court in Kuala Lumpur has set Dec 14 for the hearing of Rosmah Mansor’s application to recuse a judge from presiding over her RM7 million money laundering and tax evasion case.
Lawyer Geethan Ram Vincent, who is acting for the wife of the former prime minister Najib Abdul Razak, said that the hearing date was fixed during court case management of the application this morning.
“The hearing of the application is on Dec 14,” the counsel said.
Geethan added that the court also set Nov 19 for the prosecution to reply to Rosmah’s application; Nov 26 for any reply that her legal team wished to make; Dec 3 for the prosecution to file their written submissions; and Dec 10 for her lawyers to file their written submission.
The judge targeted by the recusal application is Mohamed Zaini Mazlan, whom Rosmah contended has a risk of being prejudiced against her when hearing the money laundering and tax evasion case.
Through the application filed on Nov 2, she claimed that the risk exists due to Zaini allowing 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.
Through the recusal application, she is seeking a different trial judge to preside over her money laundering and tax evasion case.
Rosmah faces 12 money laundering charges 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 at the IRB office in 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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