KUALA LUMPUR: The involvement of Justice Mohamed Zaini Mazlan in multiple criminal cases linked to family members of Datin Seri Rosmah Mansor could have influenced the judge's mind in her RM7mil money laundering and tax evasion trial, says her legal team.

       Her lawyer Datuk Firoz Hussein Ahmad Jamaluddin said the judge has been presiding over the 1Malaysia Development Bhd (1MDB) audit tampering trial where her husband Datuk Seri Najib Razak and former 1MDB CEO Arul Kanda Kandasamy are accused.

       Firoz added that the judge has also been presiding over the 1MDB forfeiture suit involving Rosmah, Najib and their children, Rosmah's solar hybrid project trial as well as the present money laundering case.

       He then said that Justice Mohamed Zaini had heard the testimonies of Rosmah and the same witnesses as the money laundering case and even made the decision that there is a prima facie case against Rosmah in the solar hybrid case.

       "It could only mean that there would be a real danger or likelihood that that your Lordship would have been influenced by the evidence in those cases which would inevitably lead your lordship to pre-judge or pre-determine the issues in these proceedings in relation to the applicant (Rosmah)," he said in open court proceedings here on Wednesday (March 2).

       Firoz added that the extensive nature of the evidence heard by the court would inevitably make it difficult for the judge to decide on the issues in the trial with an independent and fair mind.

       "It is pertinent to acknowledge and accept that 'human frailty' is an important factor to be considered even when it comes to those who are trained to be independent and fair minded, because a judge is human after all," Firoz said.

       He then said that the judge would not only risk bias in presiding over the case as he would be accumulating more extraneous information which would colour the judge's mind, adding that it would appear to a lay observer that the judge was unable to maintain independence and impartiality as required of him.

       Firoz said his client, Rosmah, was not confident that she would get a fair trial if the case continues to be heard before Justice Mohamed Zaini.

       "The accused must be given a fair trial, one that is decided independently, without being affected by how the accused is painted in the public eye and without the importation of your Lordship's previous decision in the other cases,” said Firoz.

       "We submit that your Lordship should be recused or recuse yourself from the money laundering case," he added.

       Meanwhile, lead prosecutor Datuk Seri Gopal Sri Ram said in his submission that Rosmah's application was an abuse of court process as it was a repeated attempt of what has already been filed.

       "Your Lordship had already decided on the previous application to recuse you on Dec 14 of last year," Sri Ram said.

       He added that the findings should have been a barrier for the applicant from making repeated applications.

       However, Firoz replied that the current application was entirely different from the previous application and based on different grounds.

       After hearing the submissions, Justice Mohamed Zaini said he needed time to deliberate and fixed 2pm on March 21 to deliver his decision.

       On Jan 11, Rosmah filed a second application to recuse the judge from presiding over her RM7mil money laundering and tax evasion trial.

       On Dec 14 last year, Justice Mohamed Zaini, who is also the same judge in Rosmah’s solar hybrid trial, had dismissed Rosmah’s application to recuse him from hearing the money laundering and tax evasion case on grounds that Rosmah’s claims of her being “greatly prejudiced” in the case was unfounded.

       In the money laundering and tax evasion case, Rosmah is facing 12 money laundering charges amounting to about RM7mil and five counts of failing to declare her income to the Inland Revenue Board.

       In the solar hybrid trial, which is at the defence stage, Rosmah is accused of a charge of soliciting RM187.5mil and two counts of receiving bribes totalling RM6.5mil from Jepak Holdings’ former managing director Saidi Abang Samsudin, through her former aide Datuk Rizal Mansor, involving the RM1.25bil solar hybrid project in Sarawak.