KUALA LUMPUR (Dec 23): Datin Seri Rosmah Mansor has instructed her counsel Datuk Geethan Ram Vincent to file a notice of appeal over High Court judge Mohamed Zaini Mazlan's decision earlier this month not to recuse himself from presiding in her second trial involving money-laundering and tax evasion charges.
Senior deputy public prosecutor Datuk Seri Gopal Sri Ram, who is also a former Federal Court judge informed this to Justice Zaini on Wednesday after he presided Rosmah's husband Datuk Seri Najib Razak and former 1Malaysia Development Bhd president Arul Kanda Kandasamy's audit tampering trial on Wednesday afternoon.
Separately, theedgemarkets.com has contacted Geethan and he confirmed that he had been instructed to appeal Justice Zaini's ruling. Rosmah has 14 days from the court decision last Dec 14, to file the appeal.
With this, Rosmah's second trial which is scheduled to begin on Jan 12, next year, is unlikely to proceed until her appeal over the court's ruling is heard by the Court of Appeal.
Justice Zaini had dismissed her application to from presiding in her money laundering and tax evasion case, reasoning that he is of the view that the accused's contention that she may be greatly prejudiced — as this court may possibly make a comparison between the statement and her defence here — is unfounded.
“I had in the solar case, when allowing the prosecution's application to admit her statement given to the Malaysian Anti Corruption Commission (MACC), for her other case for the purpose of impeaching her had ruled that no questions are to be asked pertaining to the facts of the money laundering case here.
“I had in making that ruling held that the probative value of the issues that the prosecution intends to bring up does not outweigh the prejudicial effect that the accused may suffer. I took great care to ensure that the accused would not be prejudiced in her money laundering case when references are made to the statement in her solar hybrid [project] case,” the judge said in his ruling
Justice Zaini said he himself had not seen or read the statement that Rosmah had given to the MACC.
He added that he had a solemn duty as with any judge to ensure that the accused is tried fairly as enshrined under Article 5 of the Federal Constitution (liberty of a person).
Justice Zaini said the prosecution had argued and convinced him that the issues that it (the prosecution) intends to adduce in relation to Rosmah's statement in the solar case had no bearing on the issues of this money laundering and income tax case.
“I would also add that a judge is required to consider separately and independently the evidence against the findings. Any findings that I make in the solar hybrid case remain there,” he said, adding that he is trained in law to remain impartial despite reading facts relating to a case .
Her money laundering charges
The wife of the former premier has claimed trial to 17 charges over some RM7.1 million allegedly transferred into her personal bank account between 2013 and 2017.
The 17 charges are framed under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Under the first eight charges, Rosmah is accused of being involved in money laundering by directly engaging in a transaction involving proceeds of unlawful activities amounting to RM1.1 million, which were deposited into her account.
For the ninth to the 12th charges, Rosmah is alleged to have directly engaged in 227 transactions involving proceeds of unlawful activities totalling RM6 million, which were deposited into the same account.
On the 13th to 17th counts, Rosmah is accused of engaging in money laundering by failing to file a return on the sum that was deposited into her account — as required under the Income Tax Act 1967.
Rosmah's solar hybrid trial, which was originally slated on Dec 8 and 10, continues on Thursday and Friday with her on the stand to be cross-examined over the MACC statement.