KUALA LUMPUR (March 4): Datin Seri Rosmah Mansor will file a review against the apex court’s decision which had dismissed her bid to recuse the presiding judge and for a re-trial of the solar graft case against her which was concluded in 2022.
Her counsel, Datuk Akberdin Abdul Kader, confirmed the matter with The Edge and added that the review will be filed next week.
This development means that Rosmah’s appeal against her guilty conviction and sentence of 10 years’ jail and RM970 million fine, will continue to be on hold even further.
The appeal has been pending since then-High Court judge Datuk Mohamed Zaini Mazlan delivered his verdict on Sept 1, 2022.
Rosmah’s review application is on a related appeal, where she sought to recuse Zaini — now a Court of Appeal (COA) judge — and to obtain a re-trial for the case related to a solar hybrid project for 369 rural schools in Sarawak.
The 74-year-old is seeking to recuse the judge over two draft notes or "judgement" which were leaked at the 11th-hour before Zaini delivered his decision on Sept 1, 2022.
Rosmah alleges that these notes or drafts, which were prepared by the KL High Court’s research team, were akin to a judgement and even contained a "guilty" verdict which may have influenced the trial judge.
However, in a unanimous decision, the Federal Court dismissed her appeal, as she had failed to establish a real danger of bias arising from the notes/draft of judgements.
Apex court judge Datuk Nordin Hassan, who led the three-member bench, said that the Court of Appeal (COA) in dismissing Rosmah's appeal previously, had also found that the prepared notes and draft differed from Zaini's actual written judgement.
Although the Federal Court is the final avenue for appeal, in some cases, a review of that decision is permissible. However, one must first seek leave (permission) before the case is heard substantially.