Rosmah's money laundering trial vacated over 'new developments'

The High Court in Kuala Lumpur this morning allowed an application by Rosmah Mansor’s defence team to vacate today’s initially scheduled trial.

This comes after the wife of former prime minister Najib Abdul Razak, in a letter of representation, cited a “new development” for the prosecution to withdraw the RM7 million money laundering and tax evasion case against her.

As a result, trial dates for today, June 28, July 6, 7, 28, and 31, as well as Aug 1, 2, and 11 have been vacated, with the trial set to begin on Aug 24 if the attorney-general rejects the letter of representation.

Under the law in relation to a letter of representation, an accused person can propose to the Attorney-General’s Chambers (AGC) other ways to resolve the matter such as the withdrawal of the charge, or for a lesser charge to be put forward.

During open-court proceedings before trial judge K Muniandy today, defence counsel Geethan Ram Vincent said the letter of representation dated May 3 and sent to the AG on the same day had sought for prosecutors to withdraw the 12 money laundering charges and five tax evasion charges.

The lawyer said the letter of representation cites certain facts from Rosmah’s solar corruption trial (of which she had been convicted and sentenced to 10 years as well as RM970 million fine which she is appealing to the Court of Appeal).

Geethan said the defence team seeks the postponement of today’s trial so that the prosecution can peruse the representation.

Deputy public prosecutor Ahmad Akram Gharib said the prosecution has no objection to the defence's postponement application, confirming the receipt of the representation, saying that the prosecution needs around two months to go through the letter.

“As the letter of representation cites some new facts and issues raised, I have to prepare a fresh and new write-up to properly brief my superiors.

“Due to the complexity of the issue, I seek the court’s indulgence of two months (adjournment of trial) to get everything done and prepare write-up and research and set appointments with the AG and my superiors to brief them,” the prosecutor said.

When Muniandy asked whether the prosecution is ready to proceed with trial today, Akram said that they are not due to the letter of representation.

The court then vacated the trial date today as well as several other dates and for the matter to resume on Aug 24, pending a decision by prosecutors on the letter of representation.

Rosmah faces 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 Inland Revenue Board (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 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, upon conviction.

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.

Rosmah has also been previously convicted and sentenced to 10 years in jail and RM970 million fine by the High Court in Kuala Lumpur 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.

The Court of Appeal has set July 11 to hear Rosmah’s appeal in the solar graft case.

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