
In a unanimous decision, the Court of Appeal dismissed her claim that Justice Zaini Mazlan was biased, ruling that the allegation lacked merit.
“The appellant (Rosmah) also failed to show that the trial judge was biased,” said Justice Ahmad Zaidi Ibrahim, who led a three-member bench.
Also on the panel hearing the appeal were Justices Azman Abdullah and Noorin Badaruddin.
Lead counsel Jagjit Singh later told reporters that an appeal would be filed in the Federal Court.
Counsel Akberdin Abdul Kader and Firuz Hussein Ahmad Jamaluddin are also part of Rosmah’s legal team.
Deputy public prosecutors K Mangai, Ng Siew Wee and P Sarulatha appeared for the prosecution.
Zaidi, who will retire this month, said the bench concurred with the respondent’s (prosecution) position that Rosmah, the wife of former prime minister Najib Razak, failed to meet the threshold of risk required for recusal.
He said the bench had examined a 71-page draft opinion prepared by the Kuala Lumpur High Court’s research unit and Zaini’s 116-page judgment, and found a stark difference between the two.
In his judgment, Zaini also stated that he had neither instructed the unit to prepare an opinion nor relied on it as a working draft for his ruling.
The judge said he always prepared and wrote his own judgments based on submissions from the opposing parties.
Zaidi added that Rosmah appeared to have confidence in Zaini, as she did not apply to recuse him during the 36 months he had presided over the trial, only at the tail end of the case.
On Sept 1, 2022, Zaini, now a Court of Appeal judge, dismissed a last-minute application by Rosmah to stop the judge from presiding over her case.
Rosmah sought to disqualify Zaini after a purported draft of his judgment was published by the late blogger, Raja Petra Kamarudin.
She claimed that the judge ought not to preside over the case since she had lost confidence in him. Zaini dismissed the application.
That same day, Zaini convicted her of soliciting RM187.5 million from former Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin through her former aide, Rizal Mansor, as an inducement to help the company secure the solar project.
She was also convicted of receiving bribes amounting to RM5 million from Saidi, through Rizal, at Seri Perdana in Putrajaya on Dec 20, 2016, and another charge of receiving RM1.5 million from Saidi at Jalan Langgak Duta on Sept 7, 2017.
Zaini sentenced her to 10-year jail terms for each of the three charges but ordered for them to run concurrently. He also ordered her to pay a RM970 million fine.
The court ruled that Rosmah would serve another 10 years in prison after her initial sentence if she failed to pay the fine.