PUTRAJAYA: The Court of Appeal was informed that the research division of the Kuala Lumpur High Court must have received instructions to prepare a purported draft judgment in the case involving Datin Seri Rosmah Mansor and the solar hybrid project.
Lawyer Datuk Jagjit Singh, who represents Rosmah, said that the research unit would not have prepared the draft opinions if instructions were not specifically given.
“The research unit would not venture on a frolic of its own without instructions and directions,” said her lawyer Datuk Jagjit Singh in his submissions here yesterday.
In her appeal, Rosmah seeks to recuse Justice Mohamed Zaini Mazlan, now a Court of Appeal judge, from presiding over her corruption case concerning the RM1.25bil solar hybrid project.
On Sept 1, 2022, Justice Mohamed Zaini found Rosmah guilty of three corruption charges linked to the hybrid solar project. She was sentenced to 10 years in prison and a RM970mil fine.
Rosmah, 73, filed a last-minute application at the High Court to recuse Justice Mohamed Zaini.
She argued that the draft judgment in her case, which had been prepared by an external party, was leaked and had gone viral just a few days prior to the delivery of the decision.
The recusal application was dismissed by Justice Mohamed 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 Mohamed Zaini.
He said Justice Mohamed 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.
Two other judges on the bench were Justices Azman Abdullah and Noorin Badaruddin.
