Rosmah S Lawyer Dark Clouds Descend On Judiciary Like Back In 1988

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All eyes are now on Rosmah Mansor to see whether she will join her husband Najib Abdul Razak behind bars or walk free from her corruption case linked to the RM1.25 billion solar hybrid energy project.
However, in an eleventh-hour move two days ago, she filed an application to postpone today’s verdict and for the Kuala Lumpur High Court to first hear her bid to have trial judge Mohamed Zaini Mazlan be removed from her graft case.
We will be bringing you live reports of the proceedings.
KEY HIGHLIGHTS:
Alleged leaked judgment on slide projector in court
‘No averment from prosecution that alleged leaked judgment was fake’
Judge must carry duty free from outside influence - lawyer
Dark clouds descend on judiciary like back in 1988 - lawyer
Lawyer: Defence only needs to prove danger of bias
Lawyer: Rosmah's recusal bid not hearsay
Judge says ready to hear recusal bid today
Prosecution objects to adjourn verdict bid
Rosmah's lawyer seeks adjournment of verdict
Alleged leaked judgment on slide projector in court
11.23am: Defence counsel Jagjit Singh refers to a copy of the alleged leaked judgment on Rosmah Mansor's solar case, which was on a slide projector in court.
The lawyer contends there is a risk of bias involving trial judge Mohamed Zaini Mazlan as the document stated it was prepared for the judge’s consideration.
High Court judge Mohamed Zaini MazlanIt was alleged that the leaked documents were not the actual written judgment against Rosmah, but copies of a write-up by the research unit of the Kuala Lumpur High Court.
‘No averment from prosecution that alleged leaked judgment was fake’
11.13am: Defence counsel Jagjit Singh orally submits there is no averment from the prosecution that the alleged leaked judgment linked to Rosmah's solar case were fake documents.
The lawyer contends that a trial judge must be able to deliver decisions without improper influence direct or indirect from any other source.
Judge must carry duty free from outside influence - lawyer
11am: Defence counsel Jagjit Singh orally submits that trial judges must be able to discharge their duties impartially while free from outside influence.
He says that judicial independence ensures a judge can assess evidence, apply the law, and decide the outcome of a case without regard to parties, in order to uphold the law.
"I have full confidence Your Lordship (Mohamed Zaini Mazlan) would not be influenced by this, but it (risk of bias) still exists, hence the purpose of this (recusal) application," Jagjit submits.
Dark clouds descend on judiciary like back in 1988 - lawyer
10.50am: Defence counsel Jagjit Singh orally submits that dark clouds have descended on the judiciary since Aug 23.
He says this was similar to what happened in 1988, referring to the removal of the then chief justice Salleh Abbas, historically known as the judicial crisis.
Jagjit claims that dark clouds descended again on Aug 23 this year, possibly referring to the apex court’s dismissal of an appeal by Rosmah's husband, former prime minister Najib Abdul Razak in his RM42 million SRC appeal.
Lawyer: Defence only needs to prove danger of bias
10.43am: Rosmah Mansor's lawyer Jagjit Singh orally submits that the law does not require an applicant to produce cogent evidence to prove bias on the part of the judge.
Rosmah’s defence lawyer Jagjit SinghThe lawyer says they only produce what they can and leave it to court to determine whether there is a danger of bias.
He submits that the test is whether there is one.
Lawyer: Rosmah's recusal bid not hearsay
10.40am: Defence counsel Jagjit Singh denies the prosecution's assertion that the recusal bid against trial judge Mohamed Zaini Mazlan is based on hearsay evidence.
The lawyer says this is because the court had previously lodged a police report over the alleged leak judgment incident, and that the Sentul district police chief was reported confirming the authorities are investigating the matter under the Official Secrets Act and the Penal Code.
Proceedings resume
10.32am: Hearing of the recusal bid against trial judge Mohamed Zaini Mazlan resumes after a break.
The break was called earlier to allow Rosmah's defence team to prepare counter-arguments against the prosecution's filed reply for the application to be dismissed.
Judge says ready to hear recusal bid today
9.42am: Trial judge Mohamed Zaini Mazlan says that the court is ready to hear the recusal bid today.
He indicates he is not inclined to adjourn the verdict today, pointing out that he himself spent a large part of Merdeka Day yesterday reading the application filed a day earlier.
"Having said that, you have filed a certificate of urgency. You should be ready. You said there is a need to file a reply. I have read it (entire recusal application and other related documents)," Zaini says.
He points out that the recusal bid is hinged on an allegation of something that is supposedly within his knowledge and allegedly written by a third party.
The judge notes that Rosmah's legal team had filed a certificate of urgency for the recusal hearing to be heard as soon as possible, thus, he set today itself to hear the bid.
Zaini, however, allows half an hour postponement to allow Rosmah's legal team to prepare counter-arguments against the prosecution's affidavit.
Prosecution objects to adjourn verdict bid
9.33am: Deputy public prosecutor Gopal Sri Ram raises objections against Rosmah Mansor's legal team's bid to adjourn today's verdict.
He labels the recusal application as devoid of merit, speculative in nature and done in bad faith.
DPP Gopal Sri RamSri Ram says that the purported leaked judgment was not even a written judgment at all, pointing out that the document is a research and opinion write-up prepared by the Research Unit at the Kuala Lumpur High Court.
He adds that the prosecution is ready to proceed with the hearing today.
Rosmah's lawyer seeks adjournment of verdict
9.28am: Defence counsel Jagjit Singh seeks for today's verdict to be adjourned to allow the defence team to file a response to the prosecution's written submissions.
Jagjit says the defence team was only served with a copy of the prosecution's reply to the recusal this morning.
Hearing starts with recusal application
9.25am: The court begins hearing Rosmah Mansor's application to recuse trial judge Mohamed Zaini Mazlan from presiding over her solar corruption case.
Counsel Jagjit Singh begins his oral submissions on the application.
Proceedings begin
9.23am: Trial judge Mohamed Zaini Mazlan enters the court as proceedings begin.
Rosmah in court
8.57am: Dressed in yellow, Rosmah Mansor is seen entering the High Court, taking a seat in the front row of the public gallery to await proceedings to begin.
Also seen in court are her lead defence counsel Akberdin Abdul Kader and Jagjit Singh.
Rosmah arrives for proceedings
8.55am: Rosmah Mansor and her counsel Jagjit Singh arrive at court.
They did not use the court’s main entrance.
Heavy police presence at court complex
8:35am: Members of the press and several supporters have gathered outside the Kuala Lumpur court complex for Rosmah Mansor’s hearing at 9am today.
There is a heavy police presence outside the complex, as it is understood that only authorised visitors are allowed to enter the court’s compound.
People’s Volunteer Corps (Rela) officers have cordoned off the entry into the court grounds from as early as 6.40am.
Civilians attempting to enter the compound must show proof of their court proceedings to be granted admission.
Malaysiakini sights several supporters attempting to enter the compound but were turned away. A supporter says they will wait outside the court until the end of the hearing.
Media personnel without registered passes - issued by the court on Tuesday - are also not allowed to enter the compound.
It is understood that these newly implemented measures are to enforce crowd control after several incidents occurred at Rosmah’s husband and former prime minister Najib Abdul Razak’s trial last week.
DPP Sri Ram in court
8.30am: Lead deputy public prosecutor Gopal Sri Ram is seen entering the High Court to await proceedings to begin.
Members of Rosmah Mansor's defence team are also seen in court.
Court expected to deliver verdict
8am: High Court judge Mohamed Zaini Mazlan is set to rule over one charge of Rosmah allegedly soliciting RM187.5 million and two counts of her purportedly receiving bribes of RM6.5 million from Jepak Holdings Sdn Bhd’s former managing director Saidi Abang Samsuddin, through her former special officer Rizal Mansor.
It was allegedly done as an inducement to help the company to secure the Hybrid Photovoltaic Solar System Integrated Project and Maintenance and Operation of Genset/Diesel for 369 Sarawak rural schools.
The verdict was initially set for July 7 but was put off to today.
On Nov 15, 2018, Rosmah claimed trial for the RM187.5 million graft-soliciting charge as well as the RM1.5 million graft-receiving count.
On April 10, 2019, she was hauled again to court to face one bribery count of receiving RM5 million.
Initially charged before the Kuala Lumpur Sessions Court, the three charges were later transferred to the High Court for a joint trial.
Rosmah’s former aide Rizal MansorOn Feb 18 last year, the High Court ordered Rosmah to enter her defence, following its finding that the prosecution succeeded in establishing a prima facie case against her.
The accused’s former aide Rizal and former education minister Mahdzir Khalid were the star witnesses out of the 23 that the prosecution called in the trial.
Rizal testified having carried RM5 million in two luggage bags to Seri Perdana - the prime minister's official residence in Putrajaya.
The money - in RM100 notes - allegedly came from Saidi in 2016.
The court heard that Mahdzir issued an instruction to amend the letter of award to Jepak Holdings by removing Clause 11, which stipulated that the government had the right to terminate the contract at any time.
Rosmah's defence team contended that the prosecution witnesses were conspiring against her.
Besides herself, the only other defence witness who took the stand was Siti Azizah Sheikh Abod, the former director of the First Lady of Malaysia (FLOM) division.
Rosmah faces up to 20 years in jail and a fine of up to five times the amount of the bribe.
Najib is serving a 12-year jail term at the Kajang Prison over the RM42 million SRC International corruption case. - Mkini

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