KUALA LUMPUR (Sept 1): The High Court has dismissed the defence's request for an adjournment to prepare to argue Datin Seri Rosmah Mansor's 11th-hour application to recuse trial judge Mohamed Zaini Mazlan from presiding over her graft trial pertaining to a RM1.25 billion solar hybrid project for 369 rural schools in Sarawak.
Rosmah's counsel Datuk Jagjit Singh had asked for an adjournment as the defence had just got a hold of the prosecution's counter affidavit filed by deputy public prosecutor Poh Yih Tinn on Thursday (Sept 1) morning.
Jagjit said that it was his practice to study and re-study any affidavit, even more than ten times.
"It is not correct to say we are not prepared, we need time to reply to Mr Poh's affidavit. It [was] served [to us] today. An affidavit I have to study no more than ten times.
"I scrutinise everything, my lord, even my notes I have highlighted," he said pointing to some of his notes in court.
However, Zaini was not amused.
'Application came with a certificate of urgency, defence should be prepared to argue'
The trial judge also said the defence ought to be prepared as its application came with a certificate of urgency, listing down 15 grounds to be considered.
"I spent yesterday reading this application, and I noted that the application came together with a certificate of urgency," he said, adding that in such cases, the matter would be heard on the same day or the next day.
"[That is why] I instructed my officers to fix it for hearing today [regardless of] whether [the matter] was fixed for decision.
"You should be prepared, Datuk Jagjit. You come from an era where written submissions [are] unknown. I have the utmost confidence you [will be able] to argue," said the judge.
The court then stood down for a half-hour for the defence to prepare to argue the matter.
Earlier, lead prosecutor Datuk Gopal Sri Ram opposed the request for an adjournment for the motion and the delivery of the decision.
He also read Poh's brief affidavit in full for everyone's benefit in court.
"They cannot say come to court [and say] give us time to marshall it. [They] should be ready to argue it. If they are not ready, [we] ask for the application to be dismissed," he said.
The High Court judge was set to deliver his verdict on Thursday. However, the application to recuse Zaini was heard first during proceedings on Thursday morning.
Rosmah's application revolves around the purported "leaked judgement" last Friday which is currently subject to police investigations.
She also cited articles carried by fugitive blogger Raja Petra Kamarudin’s Malaysia Today portal, where an article contained a link to download the alleged 71-page "judgment" prepared by another party.
In her application, Rosmah said that the existence of the alleged "judgment" has directly or indirectly caused her to lose confidence in the trial judge.
Application based on hearsay, made in bad faith
Poh in his reply said that the application was "entirely based on hearsay evidence" and made in bad faith.
He added that the purported "judgment" was not a "written judgment" at all.
"It is clear from the document itself that it is a research and opinion write-up by the Research Unit of the Kuala Lumpur High Court.
"[Rosmah] has not produced any credible and cogent evidence to support her accusations of bias and judicial impropriety against the learned judge.
"In fact, there is nothing in her application which proves or substantiates her accusations. The application as a whole is speculative and fanciful in nature," he said.
Rosmah, 70, is charged with soliciting RM187.5 million from Jepak Holding’s former managing director Saidi Abang Samsudin out of the RM1.25 billion value of the project that was awarded by the Education Ministry between April and August 2016.
She is also accused of receiving RM5 million and RM1.5 million from Saidi at her private residence in Jalan Langgak Duta and at the then prime minister’s official residence in Seri Perdana between Dec 20, 2016 and Sept 7, 2017.
The Edge is covering the trial live here.
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