KUALA LUMPUR: High Court judge Justice Mohamed Zaini Mazlan has told Datin Seri Rosmah Mansor's defence team to "impress him" after allowing their motion for a short adjournment ahead of reading out the verdict in the corruption case involving a RM1.25bil hybrid solar project.
Rosmah's lawyer Datuk Jagjit Singh had addressed the court regarding the defence's last-minute application to recuse Justice Zaini, to stay the proceedings pending the disposal of the application and for the entire trial to be nullified.
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He said the prosecution has filed in an affidavit-in-reply, which the defence said it has not seen yet.
"I seek the guidance of the court for a short adjournment to allow us to ventilate this (recusal) motion," he said.
However, Senior Deputy Public Prosecutor Datuk Seri Gopal Sri Ram objected to the application to stay, saying that the prosecution was ready to argue the recusal application.
The "leaked judgment", which made up the subject in the notice of motion to recuse the judge, he said, was not a written judgment at all.
"The application is based on hearsay, entirely," he said, adding there was no credible and cogent evidence to back it up.
Justice Zaini then asked Jagjit whose idea was it to file the recusal application.
Justice Zaini: Was it your idea? (to Jagjit) Was it your idea? (to Datuk Akberdin Abdul Kader).
The lawyers replied, "We act on instruction".
Justice Zaini quipped, I don't need to ask Azrul (Zulkifli Stork).
The judge says the defence has filed a certificate of urgency to the notice of motion with 15 grounds on why the application needs to be heard expeditiously.
He says in his court, a certificate of urgency would usually means the matter would be heard the soonest, if not the same day, it would be the next day.
"When you file the certificate of urgency on the eve of Merdeka Day, I have instructed my officers to prepare for the hearing today.
He noted that the allegations in the recusal application pertains to an alleged judgment penned by a third party on his behalf.
"I think I would be the only one to answer that, don't you think so?" said the judge.
Justice Zaini said that he wanted the defence to submit on the application this morning.
However, Jagjit replied that he needed some time to gather his thoughts and prepare to submit.
"Impress me with your research. I will wait for you, let me know when you are ready," says the judge before retreating into his chambers.
The court stands down to allow the defence to prepare.
Rosmah, 70, is facing one charge of soliciting RM187.5mil and two charges of accepting bribes amounting to RM6.5mil from the former managing director of Jepak Holdings Sdn Bhd, Saidi Abang Samsudin.
The bribe was allegedly received through Rizal as a reward to help Jepak Holdings obtain the Integrated Solar Photovoltaic (PV) Hybrid System Project as well as genset/diesel maintenance and operations for 369 schools worth RM1.25bil through direct negotiation from the Education Ministry.
