PUTRAJAYA — The Federal Court today dismissed Datin Seri Rosmah Mansor’s application to review the apex court’s earlier decision dismissing her appeal to recuse Justice Datuk Mohamed Zaini Mazlan, the judge who had presided over her RM1.25 billion solar hybrid project corruption case and convicted her in 2022.
Chief Judge of Sabah and Sarawak Datuk Azizah Nawawi, who chaired a three-member bench, delivered the unanimous decision after ruling that the application did not meet the threshold requirements under Rule 137 of the Rules of the Federal Court 1995.
“This court has the power to repeal the foundation under Rule 137, but this power must be exercised very cautiously. It will only be used in exceptional circumstances where there is likely a serious injustice and no effective remedy.
“This court must strictly control such application and cannot use this rule freely or as a general right of appeal. Therefore, the application for review is dismissed,” said Justice Azizah, who sat with Federal Court Judges Datuk Lee Swee Seng and Datuk Ravinthran N. Paramaguru.
Justice Azizah said the applicant (Rosmah) contended that the trial judgment prepared by the Research Unit was forwarded to the High Court without her knowledge, and that her counsel was not allowed to address it.
She said the applicant further argued that this had deprived her of a fair hearing and amounted to a breach of the principles of natural justice.
“However, the court found that the issue goes to the merits of the appeal and is not a ground for review under Rule 137,” she said, adding that the court’s earlier decision against the applicant did not give rise to a real danger of bias.
On July 1, the Court of Appeal fixed 16 days beginning September 1 to hear Rosmah’s appeal to set aside her conviction and sentence in the solar case.
On March 3, this year, the Federal Court’s three-member bench comprising justices Datuk Nordin Hassan, Datuk Che Mohd Ruzima Ghazali and Datuk Azimah Omar dismissed Rosmah’s appeal.
The court held that Mohamed Zaini (now a Court of Appeal judge) did not breach the Judges’ Code of Ethics 2009 following allegations that a leaked draft judgment had been prepared by the research unit of the Kuala Lumpur High Court before he delivered his decision on September 1, 2022.
