PUTRAJAYA - The Federal Court has adjourned Datin Seri Rosmah Mansor’s final appeal to recuse Judge Datuk Mohamed Zaini Mazlan, who convicted her in the RM1.25 billion Sarawak solar hybrid project corruption case, to March 3 after she sustained a fall.
The three-member panel, led by Justice Datuk Nordin Hassan with Justices Datuk Che Mohd Ruzima Ghazali and Datuk Azimah Omar, granted the adjournment after Rosmah’s counsel, Datuk Jagjit Singh, informed the court that his client was on medical leave from Feb 24 to 28.
"My client sustained a fall (at home) but managed to prevent a complete fall. However, in the process, she injured her hand and knees," Jagjit told the court.
When Justice Azimah asked whether Rosmah had been admitted to hospital after the fall, Jagjit said she had been advised to do so but declined.
Justice Azimah then remarked, "If she can’t attend court, she should be in hospital, not at home."
Meanwhile, deputy public prosecutor Mangaiarkarasi Krishnan said the prosecution did not object to the adjournment and left the matter to the court’s discretion.
Earlier, Jagjit told the panel that he had been instructed to seek the recusal of Justices Nordin and Che Mohd Ruzima on the grounds that both judges had previously presided over other matters involving Rosmah.
Justice Nordin questioned the basis of the request: "So it’s because your client is uncomfortable with me around? Is there a real danger of bias based on the two cases you mentioned? You should advise your client."
Jagjit replied that he was merely following his client’s instructions. Justice Nordin ultimately dismissed Rosmah's application.
"With regard to the application to recuse myself and Justice Che Mohd Ruzima, we find no real danger of bias. The application is dismissed," he said.
Rosmah, wife of former Prime Minister Datuk Seri Najib Razak, is appealing the Court of Appeal’s decision that upheld the High Court’s refusal to recuse Judge Mohamed Zaini, now a Court of Appeal judge, in her solar corruption case.
She filed the recusal application at the eleventh hour, just before Judge Mohamed Zaini was scheduled to deliver his decision on Sept 1, 2022, citing allegations that a draft judgment had been prepared by a third party and leaked before its official delivery.
On the same day, Rosmah was convicted of corruption over the RM1.25 billion solar hybrid project for 369 rural schools in Sarawak. She was sentenced to 10 years’ imprisonment and fined RM970 million, with an additional 30-year prison term should she fail to pay the fine.
The High Court later granted her a stay of execution for both the jail term and fine pending her appeal.
Rosmah faces one charge of soliciting RM187.5 million and two charges of receiving bribes totaling RM6.5 million from former Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin. - BERNAMA