Lawyer Firoz Hussein Ahmad Jamaluddin, who is a member of the legal team appearing for the wife of former prime minister Najib Razak, told Judge Mohamed Zaini Mazlan the application would be filed as soon as possible.
“Since we are going to make the application to disqualify him, he (Sri Ram) cannot argue on any other matter pending in this court,” he said.
Firoz then urged Zaini to adjourn the commencement of his client’s money laundering and tax evasion trial.
“Justice should not be sacrificed at the altar of convenience,” Firoz said.
Sri Ram noted that Zaini had on Sept 24 declared in Rosmah’s separate ongoing corruption trial that he (Sri Ram) was competent to prosecute her as his appointment under Section 376 of the Criminal Procedure Code (CPC) was wide in nature.
He said the Court of Appeal on Dec 6 had also dismissed Rosmah’s application to remove him and to declare her ongoing corruption trial linked to the RM1.25 billion Sarawak rural schools’ solar hybrid energy project a nullity.
However, Firoz argued that Zaini could not import his decision in the corruption trial to the present case.
“My client deserves to be heard afresh, even up to the Federal Court,” he said.
Sri Ram also told Zaini that Rosmah had filed another application to recuse him (Zaini) from presiding in the money laundering and tax evasion trial.
The application was filed at 5pm on Tuesday.
Apart from this, she has also filed an application to stay the hearing on Friday following her earlier move to remove Zaini from handling this trial.
Sri Ram informed the court that the prosecution would be objecting to both applications.
On Dec 14, Zaini dismissed Rosmah’s application to disqualify him from hearing the second trial. He said a judge was required to consider separately and independently the evidence against the accused.
“Any findings I make in the corruption case remain there,” he said, adding that a recent Federal Court ruling held that a judge, unlike jurors, was trained in law to remain impartial after reading the facts relating to a case.
Zaini today said he was adjourning the proceeding to Jan 24 with the first item on the agenda to be the application seeking Sri Ram’s disqualification.
“If that is dismissed, we will proceed to hear my recusal application. If that too is dismissed, I will hear the stay application.
“The (money laundering and tax evasion trial) will proceed should the stay be also disallowed,” he said.