The prosecution today objected to Rosmah Mansor’s application to recuse judge Mohamed Zaini Mazlan from hearing her corruption case on the RM1.25 billion hybrid solar project.
Rosmah, 70, filed the last-minute application on grounds of a purportedly leaked judgment of her case, prepared by another party, that had gone viral on social media.
Lead prosecutor Gopal Sri Ram said the leaked "judgment" referred to by the applicant was not a written judgment at all.
"It was clear from the document itself that it was a research and opinion write-up prepared by the Research Unit of the Kuala Lumpur High Court," he said.
Sri Ram also said the application was based entirely on hearsay evidence and bad faith, and that the applicant had not produced any credible or cogent evidence to support her accusation of bias and judicial impropriety against Zaini.
"We are ready to argue, and we oppose any application for adjournment and delivery of judgment. If they are not ready, we ask for it (application) to be dismissed," he told the court.
He was responding to the application by Rosmah's counsel Jagjit Singh to adjourn the hearing of the bid as they needed more time to gather facts.
The lawyer raised the matter when the proceedings began at 9.28am.
Jagjit also said the defence needed time to reply on an affidavit affirmed by deputy public prosecutor Poh Yih Tinn objecting to Rosmah's application.
Zaini said the fact that the defence had filed a certificate of urgency would usually mean the matter should be heard as quickly as possible.
"If not the same day, it should be heard the next day. When you filed the certificate of urgency on the eve of Merdeka Day, I instructed my officers to prepare the hearing today," he said.
Zaini asked the defence whose idea it was to file the application, to which Jagjit replied, "We act on instructions."
"You want (the hearing of) the application to be adjourned to another day? This application will become academic after I have delivered my decision," the judge said.
He also noted that the allegations in the recusal application pertained to an alleged judgment written by a third party on his behalf.
However, he said he would be the only one to answer the matter and asked the defence to argue on the application and stood down the proceedings.
"I will wait for you. Let me know when you are ready," he said.
The judge is scheduled to deliver the case verdict today.