Rosmah fails to recuse judge from RM7m money laundering, tax evasion case

 

Mohamed Zaini Mazlan stays as the trial judge in Rosmah Mansor’s RM7 million money laundering and tax evasion case.

This morning, the Kuala Lumpur High Court judge dismissed her application for him to recuse himself from presiding over the criminal case against the wife of former prime minister Najib Abdul Razak.

Through the application, Rosmah claimed that the judge might be biased and prejudiced against her in relation to the 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 her ongoing corruption trial linked to the RM1.25 billion solar hybrid energy project for 369 rural schools in Sarawak.

Through an application filed in the High Court in Kuala Lumpur on Nov 2, Rosmah claimed there is a risk of bias because Zaini allowed the prosecution to tender her MACC cautioned statement in her corruption case linked to the solar hybrid energy project.

The MACC cautioned statement, though, is in relation to her RM7,097,750 money laundering and tax evasion case.

'I took great care'

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.

Through the recusal application, Rosmah contended that there is a risk of prejudice because Zaini, who is currently hearing her ongoing solar project corruption trial, had already sighted her MACC cautioned statement before the judge even presided over the trial of the money laundering and tax evasion case.

Via the application, Rosmah had sought another trial judge to hear her money laundering and tax evasion case.

During open-court proceedings this morning, Zaini ruled that Rosmah’s contention that he may suffer from the risk of bias as being unfounded.

The judge ruled that he had already directed the prosecution, when it tendered the MACC cautioned statement in her solar corruption case, to not ask her any question about her money laundering and tax evasion case.

Zaini noted that the issues that the prosecution intends to adduce, in relation to Rosmah's MACC cautioned statement, in her solar case, has no bearing on the issues in her money laundering and tax evasion case.

“In gist, I took great care to ensure the applicant (Rosmah) would not be prejudiced in the money laundering case when references are made to the statement in the solar case.

“It is, after all, my solemn duty and that of any judge, is to ensure the accused, like any other accused, be tried fairly as enshrined under Article 5 of the Federal Constitution,” Zaini said.

Article 5 states that no person shall be deprived of his or her life or personal liberty, save in accordance with the law.

“I would also add that a judge is required to consider separately and independently the evidence against the accused. Any findings that I make in the solar case remains there.

“A judge, unlike jurors, is trained in law to be impartial despite reading facts relating to a case. The applicant’s application is dismissed,” Zaini said.

Several trial dates

Rosmah’s money laundering and tax evasion case is tentatively fixed to begin on Jan 12 next year. Previously, the court had fixed but vacated several trial dates for the matter due to the ongoing solar corruption case.

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, claimed 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