PUTRAJAYA: The Court of Appeal was told that the research division of the Kuala Lumpur High Court must have been instructed to prepare an alleged draft judgment in the solar hybrid project graft case of Datin Seri Rosmah Mansor.
Lawyer Datuk Jagjit Singh, representing Rosmah, said the research unit would not have prepared the draft opinions if instructions were not specifically given.
"It would not venture on a frolic of its own without instructions and directions," he said in his submissions here on Thursday (May 15).
The lawyer was submitting in an appeal filed by Rosmah to recuse Justice Mohamed Zaini Mazlan (now a Court of Appeal judge) from hearing or making a decision on her corruption case involving a RM1.25bil solar hybrid project.
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On Sept 1, 2022, Justice Zaini had found Rosmah guilty of three corruption charges linked to the project, and sentenced her to 10 years in prison and a RM970mil fine.
Rosmah, 73, had made a last-minute application to recuse Justice Zaini at the High Court on grounds that the draft judgment in her case, prepared by another party, was leaked and went viral just a few days before the decision was delivered.
The recusal application was dismissed by Justice Zaini at the outset of the proceedings on Sept 1, 2022.
In the appeal, Jagjit further submitted that the draft was clearly meant for the benefit of Justice Zaini.
He said Justice Zaini's conduct, when taken as a whole, created "a real danger of bias".
"The act of requesting an officer in the research unit to prepare a draft judgment is highly improper, therefore unacceptable," he said.
The hearing continues before a three-judge panel on June 25.
Court of Appeal judge Justice Ahmad Zaidi Ibrahim chaired the panel, which also comprised Justices Azman Abdullah and Noorin Badaruddin.
