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THE legal team representing Datin Seri Rosmah Mansor has questioned the integrity of the judiciary, arguing that a draft judgement in her high-profile graft case was allegedly prepared by a third party before its formal delivery.
Appearing before a three-judge panel at the Court of Appeal on Thursday, senior counsel Datuk Jagjit Singh submitted that the involvement of the Research Division of the Kuala Lumpur High Court in drafting the judgement raised “serious and troubling” implications about judicial independence and impartiality.
The submission formed part of Rosmah’s ongoing application to recuse Justice Datuk Mohamed Zaini Mazlan, who had presided over her corruption trial and found her guilty on 1 September 2022 in connection with a RM1.25 billion solar hybrid project for rural schools in Sarawak.
Now elevated to the Court of Appeal, Justice Zaini sentenced Rosmah to ten years in prison and fined her RM970 million. The custodial sentences were ordered to run concurrently.
“It is not improper for judges to have research officers. However, the judgement must be the judge’s own – it must reflect their personal deliberation and reasoning,” Sina Harin cited Jagjit saying today, addressing the panel led by Justice Datuk Ahmad Zaidi Ibrahim and including Justices Datuk Azman Abdullah and Datuk Noorin Badaruddin.
Jagjit claimed that the Research Division had allegedly received direct instructions to prepare a draft judgement and that it would not have acted independently.
“To delegate the preparation of a judicial decision to any third party, whether in draft or final form, is unacceptable, deeply regrettable, and profoundly damaging to public confidence in judicial integrity,” he said, asserting that the situation deprived Rosmah of a fair trial and introduced the risk of bias.
The defence previously submitted an eleventh-hour application to annul the judgement on the basis of a purported draft leak, which had allegedly circulated days before the verdict was delivered. That application was dismissed on the morning the verdict was handed down.
Rosmah, the wife of former prime minister Datuk Seri Najib Razak, was convicted of soliciting RM187.5 million and receiving RM6.5 million in bribes from Jepak Holdings managing director Saidi Abang Samsudin.
Although convicted and sentenced, Rosmah was granted a stay of execution by the High Court pending the outcome of her appeal.
Her legal team is now appealing Justice Zaini’s refusal to recuse himself from the original trial, arguing that the alleged involvement of third parties in the preparation of the judgement must be fully scrutinised.
The Court of Appeal has scheduled 25 June to resume the hearing. - May 15, 2025