Rosmah, 69, who made the application through Messrs Geethan Ram on Nov 2, also applied for an order that, following Zaini’s move to recuse himself, the case should be heard before another High Court judge.
Rosmah, the wife of former prime minister Najib Razak, filed her application on the grounds that Zaini was the judge presiding over her corruption case involving the Sarawak solar hybrid project.
On Feb 18, Zaini ruled that the prosecution had made out a prima facie case against Rosmah and ordered her to enter her defence in the corruption case, which will resume on Dec 8.
Rosmah claimed that statements and exhibits tendered before the court in the solar project case could directly or indirectly influence Zaini if he also presided in the money laundering case.
“The applicant’s right to a fair trial is protected as a fundamental right under the Federal Constitution, and that right will be severely prejudiced and pointless if the judge hears the case,” she said in the application.
Lawyer Geethan Ram Vincent, who represented Rosmah, said that today was set for case management before High Court deputy registrar Catherine Nicholas.
Rosmah is facing 12 money laundering charges involving RM7,097,750 and five counts of failure to declare her income to the Inland Revenue Board (LHDN).
The offences were allegedly committed at Affin Bank Berhad, Bangunan Getah Asli branch, Jalan Ampang here between Dec 4, 2013 and June 8, 2017, and at LHDN at Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim here between May 1, 2014 and May 1, 2018.
The charges of money laundering were framed under Section 4(1) (a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, and punishable under Section 4(1) of the same law, which provides for imprisonment of up to 15 years and a fine of not less than five times the sum or value of the proceeds of unlawful activity, or RM5 million, whichever is higher, upon conviction.
The charges for tax evasion, made under Section 77(1) of the Income Tax Act 1967, said that Rosmah failed to furnish returns of her income for the assessment years 2013 to 2017 to the LHDN director-general on or before April 30, 2014, 2015, 2016, 2017 and 2018 without reasonable excuse, contrary to Section 112 of the law.