KUALA LUMPUR: Datin Seri Rosmah Mansor has failed to recuse High Court judge Justice Mohamed Zaini Mazlan from presiding over her RM7mil money laundering and tax evasion case.

       In his decision, Justice Mohamed Zaini said a judge was required to consider separately and independently the evidence against an accused.

       Citing a Federal Court case, he said a judge, unlike jurors, was trained in law to remain impartial despite reading facts relating to a case.

       Any findings by the court in Rosmah's other case involving the solar hybrid project, which Justice Mohamed Zaini also presided over, remains there, he said.

       "In any event, learned counsel for the respondent (the prosecution) had during the course of submissions, convinced me that the issues that the prosecution intends to adduce in relation to the statement in the solar hybrid case has no bearing on the issues in this case," the judge said on Tuesday (Dec 14).

       Rosmah's primary concern was pertaining to her statement to the Malaysian Anti-Corruption Commission (MACC) under Section 32 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, where she claimed she may be "greatly prejudiced" if the court makes comparison between the statement and her defence in the money laundering case.

       This, Justice Mohamed Zaini said, was unfounded.

       "In gist, I took great care to ensure that the accused would not be prejudiced in the money laundering case when references are made to the statement in the solar hybrid case.

       "It is after all my solemn duty and that of any judge to ensure that the accused, or any accused for that matter, is tried fairly as enshrined under Article 5 of the Federal Constitution," he added.

       Deputy Public Prosecutor Datuk Seri Gopal Sri Ram appeared for the prosecution. Rosmah was represented by lawyer Geethan Ram Vincent.

       On Nov 2, Rosmah filed the application to recuse Justice Mohamed Zaini from presiding over the RM7mil money laundering and tax evasion case.

       In the court document, Rosmah said Justice Mohamed Zaini was the judge presiding in her corruption case involving a solar hybrid project in Sarawak, where he had found prima facie in the case and ordered for her to enter her defence on Feb 18.

       He also allowed the prosecution in the solar case to cross-examine Rosmah using a cautioned statement linked to the money laundering case.

       "The statements and exhibits that have been tendered before the court in the solar case could directly or indirectly influence Justice Mohamed Zaini if he hears this case," the document said.

       It further stated that Rosmah’s rights to a fair trial was protected under the Federal Constitution.

       "This right would be badly prejudiced and become pointless if Justice Mohamed Zaini hears the trial," it said.

       The wife of former prime minister Datuk Seri Najib Razak was facing 12 money laundering charges amounting to about RM7mil and five counts of failing to declare her income to the Inland Revenue Board (LHDN).

       Rosmah was currently on trial for a charge of soliciting RM187.5mil and two counts of receiving bribes totalling RM6.5mil from Jepak Holdings’ former managing director Saidi Abang Samsudin involving the RM1.25bil solar hybrid project in Sarawak.

       The money laundering and tax evasion case is expected to begin on Jan 12, next year, after the corruption trial involving the solar hybrid project is over.