Rosmah Fails Again To Recuse Judge From Rm7m Money Laundering Case

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Mohamed Zaini Mazlan will stay on as the trial judge over Rosmah Mansor’s RM7 million money laundering and tax evasion case.
The Kuala Lumpur High Court judge this afternoon dismissed the accused’s second bid to get him to withdraw from her RM7 million money laundering and tax evasion case.
Back on Dec 14 last year, the same judge denied Rosmah’s first bid for him to withdraw from presiding over her case.
Through both failed applications, the wife of former prime minister Najib Abdul Razak claimed that there is a risk of Zaini being prejudiced and biased against her.
Rosmah alleged this bias was premised upon Zaini also hearing the separate and ongoing solar hybrid energy project corruption case against her.
However, Zaini today allowed an application by Rosmah’s counsel Firoz Hussein Ahmad Jamaluddin to stay the money laundering trial - slated to begin on Thursday this week - pending an appeal to the Court of Appeal.
Appeal still pending
Rosmah’s appeal over the first failed recusal bid is still pending before the Court of Appeal. She is also appealing today's verdict.
In reading out the brief grounds for his decision, Zaini ruled that the second recusal application is essentially based on the same reasoning as the first recusal bid, namely that the judge is presiding over her solar case.
The judge noted that the only difference in the second recusal bid is that it also includes the reasoning that Zaini presided over two other court cases.
The two other cases were the government’s 1MDB-linked forfeiture civil suit against her and several others, and the ongoing 1MDB audit report criminal trial against Najib.
On Nov 8 last year, Zaini dismissed the government’s 1MDB-linked civil action against Najib, Rosmah and 16 other respondents.
The judge is still hearing the 1MDB audit report criminal case against Najib and the Malaysian sovereign wealth fund’s former chief executive officer Arul Kanda Kandasamy.
Finality in litigation
Zaini today noted that there must be finality in litigation and not allow an accused to relitigate the same matter.
“What she (Rosmah) did was to add more colour to her (second recusal) application, but in essence, it is based on the same grounds as the first (recusal) application as it pertained to my involvement in these cases.
“I am bemused that she mentioned the 1MDB forfeiture suit and the 1MDB audit report case.
“In the forfeiture case, I dismissed the prosecution’s attempt to forfeit property belonging to her, while the audit case does not involve her at all.
“Applicants must be estopped from re-litigating the matter again,” Zaini ruled as Rosmah looked on from the dock.
Money laundering
She 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 Inland Revenue Board (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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