By Hidir Reduan Abdul Rashid | Malaysiakini
Rosmah Mansor has issued a third representation for the Attorney General to withdraw the 17 money laundering and tax evasion charges against her.
Her counsel Firoz Hussein Ahmad Jamaluddin informed the Kuala Lumpur High Court about the latest letter of representation sent to the Attorney General’s Chambers (AGC).
“There have been some developments. The most important is that a new representation has gone to the AG regarding this matter.
“It is an important representation as many legal arguments have been taken up in submissions.
“The new representation touches on and concerns many of the arguments which are now before your Lordship,” Firoz told trial judge K. Muniandy at the onset of today’s hearing of Rosmah’s application to strike out the case against her.
The lawyer then applied for today’s striking-out hearing to be postponed to another date to not only give the AG time to consider the representation but also due to how the representation touches on multiple grounds cited by the nullification bid.
Deputy Public Prosecutor Ahmad Akram Gharib then confirmed that they have no objections to the postponement bid, adding that he just received the representation yesterday.
The prosecutor said he needs time to brief the AG over the matter.
However, Muniandy did not allow the postponement bid, thus leading to the resumption of hearing of the striking out application by the wife of incarcerated former Prime Minister, Najib Abdul Razak.
Rosmah’s other counsel Amer Hamzah Arshad then submitted multiple grounds for the striking out.
This included the contention that the criminal charges were so vaguely drafted and not in accordance with the law that it confused Rosmah on what is the actual offence that she was alleged to have committed.
Two earlier bids
The hearing of the nullification bid resumes on Jan 16 and 17 next year.
Previously, Rosmah has already sent two separate representations for the AG to review the case against her, which involved 12 money laundering counts involving RM7,097,750 and five charges of failing to declare her income to the Inland Revenue Board (IRB).
The offences were purportedly committed at Affin Bank Berhad, Bangunan Getah Asli branch, ground Floor, 148 Jalan Ampang, Kuala Lumpur, between Dec 4, 2013, and June 8, 2017, and the IRB office at Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim, KL, between May 1, 2014, and May 1, 2018.
The money laundering charges are framed under section 4(1)(a) of the Anti-Money Laundering and Counter-Terrorism Financing Act – and those convicted are punishable under section 4(1) of the Act with a jail term of up to 15 years and a fine of not less than five times the value of the unlawful activity proceeds or RM5 million, whichever is higher.
The tax evasion charges under section 77(1) of the Income Tax Act 1967 claim that Rosmah failed to furnish returns of her income for the 2013 to 2017 assessment years to the IRB Director General on or before April 30, 2014, 2015, 2016, 2017 and 2018 without reasonable excuse, in contravention of section 112 of the Act.
Previously, Rosmah was also convicted and sentenced to 10 years in jail and an RM970 million fine by the Kuala Lumpur High Court in a corruption case linked to the solar hybrid energy project for 369 rural schools in Sarawak.
However, the High Court allowed a stay on the execution of the sentence pending her appeal to the Court of Appeal to quash the guilty verdict as well as the jail term and fine.