Rosmah To File Fresh Bid To Disqualify Sri Ram In Rm7m Money Laundering Case

---

Rosmah Mansor has filed a new application to recuse a trial judge from hearing her RM7 million money laundering and tax evasion case.
The wife of former prime minister Najib Abdul Razak is also set to file a fresh application to disqualify former federal court judge Gopal Sri Ram from acting as deputy public prosecutor in the case. 
Rosmah’s legal team today informed Kuala Lumpur High Court judge Mohamed Zaini Mazlan of their intent to file the applications.
On Dec 14 last year, the court dismissed Rosmah’s first application for Zaini to withdraw from hearing her case on alleged risk of bias and prejudice.
Rosmah also previously mounted a failed legal bid to disqualify Sri Ram from prosecuting her in a separate corruption case involving a RM1.25 billion solar hybrid energy project for 369 rural schools in Sarawak.
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 solar hybrid energy project. 
Sri Ram is the lead DPP in both criminal court cases against Rosmah.
DPP Gopal Sri RamToday’s proceedings before Zaini was initially scheduled for a hearing of Rosmah’s application to stay the trial of the money laundering and tax evasion case, pending disposal of her appeal to the Court of Appeal to recuse the judge.
Recusal bid based on new grounds
As Rosmah looked on from the dock, her defence counsel Reza Rahim informed the court that a new application was filed yesterday to recuse Zaini.
The lawyer said that the latest recusal application was on new grounds. However, he did not state what they were. 
“The second (recusal) application is based on wider grounds as it was (allegedly) impossible (for Zaini) to bring a fresh mind to the current proceedings,” Reza said.
Rosmah’s other defence counsel, Geethan Ram Vincent, then informed the court that they will also be filing a fresh application to disqualify Sri Ram as DPP in the money laundering and tax evasion case.
Geethan said the defence team made the decision to file the disqualification application after receiving a copy of Sri Ram’s appointment letter (fiat) during proceedings today.
“We take the position that if this fiat was general in nature, then well and good, but it specifically mentions he (Sri Ram) only be given authority to prosecute in two cases (two files collectively referring to the solar corruption case) against my client.
“The (money laundering and tax evasion) case before your lordship today was not spelt out here,” Geethan contended.
Sri Ram afterwards informed the court that the prosecution will raise its objections in submissions against the new yet to be filed disqualification application against him, as well as the already filed application to again recuse Zaini. 
Sri Ram pointed out that Zaini previously decided in the separate solar proceedings to dismiss Rosmah’s bid to disqualify him as DPP in that case, hence the defence’s intent to file a new application to disqualify him would amount to an abuse of the court process.
Zaini fixed Jan 24 to hear the various applications by Rosmah.
“On Jan 24, I will hear first the disqualification application (against Sri Ram), if that is dismissed, then I will hear the application of recusal (against Zaini). 
"If that is dismissed, then I will hear the application to stay (the money laundering and tax evasion trial).
“If I am not with you (defence) on the stay application, we will proceed with the Amla (Money Laundering Act) trial,” the judge said.
Zaini then adjourned proceedings for the day. 
Risk of bias claim
Through an application filed in the High Court in Kuala Lumpur on Nov 2 last year, Rosmah claimed there is a risk of bias because Zaini allowed the prosecution to tender her MACC cautioned statement in her solar project corruption case. 
The MACC cautioned statement is in relation to the RM7 million money laundering and tax evasion case against Rosmah.
On Oct 21 last year, 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 had already sighted her MACC cautioned statement before the judge even presided over the trial of the money laundering and tax evasion case.
Judge Mohamed Zaini MazlanVia the application, Rosmah had sought another judge to hear her money laundering and tax evasion case.
That case has been fixed to begin on Jan 12. 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. 
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

---