KUALA LUMPUR: Datin Seri Rosmah Mansor has failed in another attempt to recuse High Court judge Justice Mohamed Zaini Mazlan from presiding over her RM7mil money-laundering and tax evasion case.
In his brief decision, Justice Mohamed Zaini said this was Rosmah's second attempt to recuse him.
In her application, Rosmah raised the issue of danger that Justice Mohamed Zaini would be unduly influenced and may not be able to carry out his judicial function with impartiality and without bias.
The judge said he had dismissed the first application and the second was considerably based on the same grounds as the first; mainly, that he is the presiding judge in Rosmah's other corruption trial on the solar hybrid project in Sarawak.
However, in the second application, Rosmah had included in her argument two other cases that Justice Mohamed Zaini presided over: a 1Malaysia Development Bhd (1MDB)-linked forfeiture case where Rosmah was one of the respondents, and the 1MDB audit tampering case involving her husband Datuk Seri Najib Razak and former 1MDB CEO Arul Kanda Kandasamy.
"What the applicant had done in including these two cases was to add more colour to her application.
"It is, however, in essence the same as the grounds submitted are similar to the first application as it pertains to my involvement and decisions made in these cases.
"I must add that I was bemused that the applicant had mentioned the 1MDB forfeiture and 1MDB audit cases in her application.
"I had, in the 1MDB forfeiture case, dismissed the prosecution's attempt to forfeit properties belonging to her," Justice Mohamed Zaini said here on Monday (April 25).
The 1MDB audit tampering case, on the other hand, did not concern Rosmah at all, he added.
"I am of the opinion that the applicant is estopped from litigating again the application for recusal.
"The doctrine of res judicata ("a matter decided", meaning it cannot be raised again) applies here," the judge said.
He added that Rosmah's arguments in respect of the 1MDB forfeiture and 1MDB audit tampering cases could have been canvassed in her first application as they were well within her knowledge when the first application was made.
Justice Mohamed Zaini said there must be finality in litigation in that parties should not be allowed to litigate the same issues over and over again.
"The application is therefore dismissed," he said.
The court also allowed a stay application by Rosmah's lawyer Datuk Firoz Hussein Ahmad Jamaluddin on the money-laundering trial pending Rosmah's appeal of Monday's decision at the Court of Appeal.
"The trial is therefore vacated," Justice Mohamed Zaini said.
Deputy public prosecutor Datuk Seri Gopal Sri Ram appeared for the prosecution.
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, Justice Mohamed Zaini, who is also the same judge in Rosmah’s solar hybrid trial, had dismissed the first application to recuse him from hearing the money-laundering and tax evasion case on grounds that Rosmah’s claim of prejudice in the case was unfounded.
In the money-laundering and tax evasion case, Rosmah is facing 12 charges for money laundering 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 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 a RM1.25bil project in Sarawak.
Rosmah's first attempt to recuse Justice Mohamed Zaini, which has gone to the appeal stage, is now fixed for case management on May 19 via Zoom proceeding.
Her other application to disqualify Sri Ram from prosecuting her money-laundering case is fixed for mention before Justice Mohamed Zaini at the High Court on May 24.