KUALA LUMPUR - The decision of Datin Seri Rosmah Mansor’s bid to recuse High Court judge Mohamed Zaini Mazlan from hearing or making a decision on her corruption case involving the RM1.25 billion solar hybrid project, will be known this afternoon.
After hearing submissions by the Rosmah’s lawyer Datuk Jagjit Singh and senior deputy public prosecutor Datuk Seri Gopal Sri Ram throughout the morning, Zaini said he would deliver his verdict after lunch break.
The recusal application was based on an alleged "leaked judgement” of Rosmah's case, which was prepared by another party.
Earlier, Jagjit disputed the word "we” in what he described as the draft judgement.
He said based on the document that was circulated, it clearly showed that it was drafted by those with legal knowledge.
The word "we” in the document he said showed that it was prepared by two or more people adding that it was not prepared by Zaini himself.
"Who are "we”? The word used in the draft showed that the writer has access to the notes of evidence,” he said.
Zaini then asked Jagjit to described the two documents (leaked judgement) and whether the latter was insinuating that it was written by the judge.
Zaini: What do you call these two documents?
Jagjit: I cannot label it. It is a document for the purpose to try to influence the judicial process.
Zaini: You seem to suggest that it is my judgement, it is in the affidavit.
Jagjit: We are not suggesting that it is written by your lordship.
Zaini: Do you see this as an opinion draft?
Jagjit: To me, it is a draft judgement by a third party.
Zaini: Are you insinuating that I’ll use the draft judgement for my judgement?
Jagjit: No.
Zaini: But there might be fear that I might use it?
Jagjit: That's where the real danger of bias comes in, the perception.
Meanwhile, Sri Ram said what was troubling was the allegation made in the posts published on the Malaysia Today news portal that the applicant relied on in the application.
He described Raja Petra Kamaruddin, the owner of the portal as a fugitive hiding from justice who is hiding somewhere in the United Kingdom (UK), a rogue journalist and someone who based his views on how he was paid.
Quoting Jagjit that the "leaked judgement” by the research unit was "trash”, Sri Ram said it was the most apt description for the controversial blogger’s post.
"Jagjit described the research papers produced as trash. That is the most apt description for Raja Petra’s post and this is what this application is based on,” he said.
Sri Ram, who was a former Federal Court judge said even if the judge had requested for the opinion to be written by the research unit, and if the judge had gone through it and produced the judgement, it would be perfectly in order.
He said each judge has their own inclination in doing a research. He gave an example of a Court of Appeal judge who used to get his registrar to do the research for him.
The proceeding was adjourned for deliberation.
Today, the court was supposed to deliver its decision on Rosmah’s corruption case.
However, since she filed the last minute recusal application on Tuesday, the court proceeded to hear the application first.
In her application to recuse Zaini, Rosmah claimed among others that the judgment, which had gone viral, had sparked doubt over the integrity of the court in handling, hearing, discussing and deciding on the case in an ethical, fair and just manner.