KUALA LUMPUR: Datin Seri Rosmah Mansor has filed a second application to recuse Justice Mohamed Zaini Mazlan from presiding over her RM7mil money laundering and tax evasion trial.

       At the onset of the trial, which was scheduled to begin Wednesday (Jan 12), the High Court was informed by Rosmah’s lawyer Datuk Firoz Hussein Ahmad Jamaluddin that the fresh application was filed yesterday (Jan 11) at 5pm.

       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 and ordered for the trial to begin today (Jan 12).

       Rosmah’s defence team also told the court of its intention to file a fresh application to remove Datuk Seri Gopal Sri Ram from leading the prosecution in the case.

       Lawyer Datuk Geethan Ram Vincent said the defence decided to file the new application after receiving a copy of Sri Ram’s fiat (letter of authorisation), which he claimed did not spell out Sri Ram’s authorisation to conduct the prosecution in the money laundering and tax evasion case.

       Sri Ram told the court that the prosecution would be objecting to Rosmah’s applications.

       He said his fiat by the Attorney General’s Chambers under Section 376(3) of the Criminal Procedure Code had given him a wide-ranging power to prosecute and Rosmah’s application to remove him amounted to “abuse”.

       “If it was the same accused, on the same grounds, therefore it is an abuse,” he said.

       He said Rosmah’s previous attempt to disqualify him as a prosecutor in the solar hybrid case was already dismissed by Justice Mohamed Zaini and his lordship’s decision was affirmed by a three-man bench of the Court of Appeal on Dec 6, last year.

       Firoz stood up to object to Sri Ram’s use of the word “abuse” and said that the former Federal Court judge should not be using the word.

       “The fact is, the appeal (on the first application to disqualify Sri Ram in the solar hybrid case) is now fixed for hearing at the Federal Court.

       “He shouldn’t use the word abuse because these are issues of law that my client should be allowed to take up, rightly or wrongly.

       “My client is entitled to her day in court, for the matter to be heard afresh,” Firoz added.

       Justice Mohamed Zaini then fixed Jan 24 to hear three applications by Rosmah.

       “On Jan 24, I will hear first the disqualification application (against Sri Ram as the senior deputy public prosecutor). If that is dismissed, then I will hear the application of recusal (of Mohamed Zaini as the presiding judge).

       “If that is dismissed, then I will hear the application to stay (the money laundering and tax evasion trial).

       “If I am not with the defence on the stay application, we will proceed with the money laundering trial,” Justice Mohamed Zaini said before adjourning the proceedings.

       In the solar hybrid trial, 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.

       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.