THE purported “judgment” in Rosmah Mansor’s solar hybrid project corruption trial was leaked to influence the judiciary, lead defence lawyer Jagjit Singh said. 

Calling the document “trash”, he said it could have been prepared by people with no authority and the act of leaking it was meant to influence presiding judge Mohamed Zaini Mazlan’s verdict today. 

“It look very much like an outright draft of the judgment,” Jagjit said during a lengthy oral submission on the application to recuse the judge from the trial. 

He also told the court that the incriminating document could be called a “draft judgment” prepared for the judge, meant to influence his decision. 

Zaini asked Jagjit if he was insinuating that the judge would use the draft judgment to make his decision. 

Jagjit responded by saying he was not. 

“That is why we are saying there is a real danger of bias,” he added.

On Tuesday, Rosmah’s lawyers, through Messrs Akberdin & Co., filed a last-minute application to recuse Zaini from presiding over the trial.

In the application sighted by The Malaysian Insight, Rosmah is seeking to recuse the High Court judge over a document leaked to the press by blogger Raja Petra Kamaruddin, which supposedly contains Zaini’s written judgment in the case.

Zaini was initially set to deliver his verdict on the solar hybrid project corruption trial this morning.

In response to the defence’s submission, lead prosecutor Gopal Sri Ram reversed the situation and asked if the defence would have filed an application to recuse the judge if the leaked document supposedly acquitted the accused. 

“If the document stated that the accused were to be acquitted, would the defence make this application?” he asked. 

Sri Ram said that the document was drawn up by writers from the research unit of the Kuala Lumpur High Court, likening them to judicial law clerks. 

He added that the use of judicial clerks is a norm in certain Commonwealth countries such as  Australia and Singapore, and even in the United States.  

The former Federal Court judge was also displeased with the defence for relying on Raja Petra’s articles to recuse Zaini. 

He said Raja Petra changes his views according to how he was paid. 

“Raja Petra is a fugitive, a roque journalist who alters his views based on how he is paid,” he said. 

Jagjit was not in total agreement with Sri Ram. 

He said that Raja Petra had some goodness in him. 

“Was the documents he published fake? Fabricated? 

“He may be the biggest roque, scoundrel, but he did not falsify them nor was it fake,” Jagjit said. 

Upon hearing both defence and prosecution, Zaini adjourned for lunch. 

The judge said he would deliver the decision on the application to recuse him from the trial after lunch. 

Earlier today, Zaini turned down Jagjit’s request for adjournment pending investigation and submission on this matter. 

Zaini insisted on the submission to be heard today, stating that the defence had submitted a certificate of urgency together with the application. 

On February 18, 2021, Rosmah, 70, was ordered to enter her defence on the three charges after the prosecution succeeded in proving there was a case against her.

She was charged with soliciting RM188 million in gratification and two counts of receiving bribes totalling RM6.5 million from Jepak Holdings Sdn Bhd former managing director Saidi Abang Samsudin.

The bribes were allegedly received through her former aide Rizal Mansor, as a reward for helping Jepak Holdings to secure the Hybrid Photovoltaic Solar System Integrated Project, as well as the maintenance and operation of diesel generator sets for 369 Sarawak rural schools worth RM1.25 billion from the Education Ministry through direct negotiation.

If found guilty, Rosmah could be jailed for up to 20 years and fined five times the amount received or solicited under section 24(1) of the Malaysian Anti-Corruption (MACC) Act 2009. – September 1, 2022.