KUALA LUMPUR: Datin Seri Rosmah Mansor failed in her bid to recuse High Court judge Adlin Abdul Majid from presiding over the US$346 million lawsuit filed against her by 1Malaysia Development Bhd (1MDB).
In dismissing the application, Adlin said Rosmah, as the first defendant, failed to demonstrate that there is a real danger of bias in her continuing to preside over the matter.
The wife of incarcerated former prime minister Datuk Seri Najib Razak, in her application notice, claimed Adlin was a partner of a law firm that used to represent the sovereign wealth fund.
She claimed Adlin previously practiced as an advocate and solicitor at law firm Lee Hishammuddin Allen & Gledhill (LHAG), where she was appointed as a partner between March 2011 and March 2021.
In her decision, Adlin said one of the reasons for her recusal was due to her partnership at LHAG, before her appointment as judicial commissioner on April 1,2021.
"I am of the view that a judge's employment background or history in itself cannot be a valid ground for the recusal of a judge.
"There must be cogent evidence of a real danger of bias on the part of a judge.
"In this case, the first defendant should demonstrate a connection between myself and the first plaintiff, which is over and above the mere fact of my partnership with my former firm, that will give rise to the real danger of bias and that it would compromise my impartiality as a judge presiding over this matter.
"Counsel for the first defendant had themselves acknowledged that although my interest at LHAG were aligned when I was a partner at the firm, my duties had ended with my appointment to the judiciary more than three years ago," she said.
Adlin said she had informed parties during the matter's first case management on May 24 this year that 1MDB was a client of the firm but she was not involved in advising them but instead was a partner at the corporate department at the material time.
She stressed that to recuse a judge is a serious application with serious implications as it involves the integrity of the judiciary and the administration of justice.
She said she found the decision to file the application during the middle of a second case management in June reflected how lightly the application for recusal was treated by Rosmah's counsel.
Adlin said judges are bound by the Judges' Code of Ethics which imposes the obligations of judges to perform duties wihout bias, prejudice and to avoid impropriety.
An application for recusal must therefore be assessed with due consideration given to the code and to the oath of office taken by judges to administer justice without fear and favour, she said.
"With the code and the oath of office governing the conduct of judges, they must be presumed to be fair and any application for recusal must be supported with cogent and sufficient evidence of a real danger of bias on the part of the judge.
"As the first defendant had not demonstrated that there is a real danger of bias in my continuing to preside over this material, this application is dismissed with costs," she said.
She ordered Rosmah to pay RM10,000 to all plaintiffs and set Sept 20 for suit's case management.
Lawyer Datuk Lim Chee Wee represented all plaintiffs while Datuk Seri Rajan Navaratnam stood for Rosmah.
It was reported on May 10 that 1MDB and its subsidiaries have filed a civil lawsuit against Rosmah seeking US$346 million purportedly belonging to the company.
The company claimed that Rosmah allegedly amassed a massive collection of jewelry, handbags, and other luxury goods worth US$346 million using by its funds.
The company claimed that a total of 320 payments totalling US$346,010,498 were made to 48 different vendors in 14 countries between 2010 and 2014.