Rosmah Fails to Seek Review of Court’s Ruling Rejecting Judge’s Removal in Solar Case

PUTRAJAYA: The Federal Court today dismissed Datin Seri Rosmah Mansor’s review application to recuse Justice Datuk Mohamed Zaini Mazlan, who convicted her in a corruption case involving a RM1.25 billion solar project for schools in rural Sarawak.

A three-member Federal Court panel chaired by Chief Judge of Sabah and Sarawak, Datuk Azizah Nawawi unanimously made the decision after finding that Rosmah had not fulfilled the provisions of Rule 137 of the Federal Court Rules 1995.

“Accordingly, this review application is dismissed,” she said. Also sitting on the same panel were Datuk Lee Swee Seng and Datuk Ravinthran N Paramaguru.

On 3 March, a previous three-member Federal Court panel dismissed Rosmah’s final appeal, 74, to recuse Mohamed Zaini (now a Court of Appeal judge) after finding there was no error of law or fact serious enough to warrant the panel’s intervention.

It also found that Rosmah failed to prove there was a real danger that Mohamed Zaini would make a biased decision in his judgment when convicting the former prime minister’s wife.

Meanwhile, Azizah, who read the judgment, said based on the facts of the case, they found there was no failure on the court’s part when carrying out its judicial functions, as alleged by the applicant.

She said the three judges who formed the panel (previously) were legally appointed, fully present throughout the proceedings and at all material times fully capable of carrying out their judicial functions.

She said Rosmah also argued that her right to be heard and to a fair procedure by the judge to determine whether there was a breach by the prosecution had been denied.

“She (Rosmah) argued that the trial judgment by the Research Unit had been submitted to the High Court without her knowledge and her lawyers were also not given the opportunity to provide feedback on it.

“This situation clearly denied her right to a fair trial and it is a violation of the principles of natural justice.

“However, we find that this issue touches on the merits of the appeal and not grounds for a review under Rule 137.

“This court in any case cannot place itself as though it were hearing an appeal and deciding the case in that capacity,” she said.

Rosmah was represented by lawyers Datuk Jagjit Singh, Datuk Akberdin Abdul Kader and Datuk Amer Hamzah Arshad, while the respondent was represented by Deputy Public Prosecutor Mohd Asnawi Abu Hanipah.

Before Mohamed Zaini delivered his decision in the solar case four years ago, Rosmah filed an application via a notice of motion for the judge to recuse himself on the grounds that she doubted his integrity following an incident of a judgment document leak published by a news portal.

Rosmah also applied for an order that the final decision of the solar case at the Kuala Lumpur High Court or any date after that be stayed pending the decision of the notice of motion and until investigations into the complaint and police report regarding it were completed.

She also applied for an order that following the recusal of the judge, the solar case should be heard, tried and retried and decided by another judge.

Rosmah filed the application to recuse Mohamed Zaini on 26 August 2022, a few days before the solar case decision was expected to be announced, based on the defence’s claim that the judgment was allegedly ‘leaked’.

On 1 September 2022, Mohamed Zaini found Rosmah guilty of three corruption charges involving the hybrid solar project and sentenced her to 10 years in prison for each charge, ordered to run concurrently.

The court also imposed a fine of RM970 million and a further 30 years’ imprisonment if she failed to pay it. Rosmah’s appeal will be heard by the Court of Appeal on 1 September.

Berita Harian