KUALA LUMPUR (March 2): High Court judge Justice Mohamed Zaini Mazlan has set March 21 to deliver its decision on Datin Seri Rosmah Mansor's (pictured) second attempt to recuse the former in her RM7.1 million money laundering and tax evasion trial.

Justice Zaini set the date following arguments from both defence and prosecution before him on Wednesday (March 2).

This is Rosmah's second bid to recuse Justice Zaini after he ruled against her first attempt on Dec 14 last year. 

The gist of the defence's argument was that there was a "real danger of bias" if the case could not be heard in an impartial manner, given that Justice Zaini had presided over Rosmah's RM1.25 billion solar-hybrid project corruption trial and other matters related to the former first lady.

"In the solar case, your lordship heard the testimony of 23 witnesses. We say initially, your lordship has heard so much evidence against the accused that it is inevitable facts and issues of credibility will have an influence on your Lordship's mind," said Rosmah's counsel Datuk Firoz Hussein Ahmad Jamaluddin.

Besides the solar panel case, he added that there were other matters involving Rosmah that Justice Zaini had presided over, namely the 1Malaysia Development Bhd (1MDB)-forfeiture case involving several members of her family including husband, former prime minister Datuk Seri Najib Razak and the 1MDB-audit case also involving Najib.

"This is a unique case, not to cast personal aspersions," he said, adding that there was an issue of "human frailty" in separating matters of all the cases.

When asked by Justice Zaini how this application was different from the previous application, Firoz said it involved the larger issue of having heard a "plethora" of evidence in the other cases, one "cannot avoid being human".

When further asked by Justice Zaini if there were any factual matters from the solar proceedings that are similar here, Firoz argued that Justice Zaini would have to make an evaluation on whether he is likely to believe Rosmah's testimony and her innocence which might be difficult given all the evidence presented in the other cases.

Justice Zaini had heard the solar panel case in a 42-day trial that took place over three years. A date has not been set for the decision yet as the defence wrapped its case last week. Both prosecution and defence are to file their written submissions on March 9 and March 30, 2022 respectively.

In response, senior deputy public prosecutor Datuk Seri Gopal Sri Ram, said that this application was "fatally flawed" as it was an abuse of court process and that extended arguments have been heard in the previous applications.

He highlighted that the previous application was made by another lawyer representing Rosmah, namely from Datuk Geethan Ram Vincent's firm, and the latest application was filed by another lawyer, Mohd Reza Rahim's firm.

"Which means, tomorrow your Lordship may be faced with an application by another firm of solicitors... making the same application," he said.

He added that previously in 2019, the defence had "strenuously resisted" the prosecution's application for a joint trial. Justice Zaini had ruled that both cases were different and therefore should be tried separately.

He said that defence took the position that both the cases were different and cannot now argue that there are similarities.

"That will be blowing hot and cold," he said, adding that it was established then that the solar case contains a different set of facts.

Rosmah is charged with 12 counts for depositing RM7.1 million into her personal bank accounts from 2013 until 2017, and another five charges for not declaring the deposits in her income tax statements.

She is charged under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.