Rosmah not gainfully employed, yet made large deposits - DPP

Rosmah Mansor made large deposits despite not having any job, the prosecution contended during today's first day of trial in her RM7 million money laundering and tax evasion case.

During open-court proceedings before the Kuala Lumpur High Court this morning and in reading out the prosecution's opening statement, deputy public prosecutor Ahmad Akram Gharib said that this is part of the inference for the prosecution's contention that the source of the money was from unlawful activities.

"The accused is the wife of Najib Abdul Razak, a former prime minister. She was not gainfully employed at all times material to the charges before the court. She, therefore, had no independent source of any lawful income.

"Yet, during the relevant period, she caused to be deposited large sums of money into her current account no. 10-002000005-8 (“account 0058”) at Affin Bank Berhad.

“The sums deposited are wholly disproportionate to the accused’s means," the DPP told Judge K Muniandy.

Akram contended that Rosmah used the services of Roslan Sohari - who was the residential house manager of Seri Perdana Complex in Putrajaya - to make these deposits on her behalf.

‘Sum not disclosed to IRB’

The prosecutor said the deposits form the subject matter of the 12 money laundering charges.

"For completeness, it must be said that the monies in question were never disclosed to (Inland) Revenue (Board) as required by written law. Neither was any income tax ever paid on these monies.

"The monies deposited as aforesaid were subsequently utilised by the accused to pay telephone and credit card bills incurred by the accused and members of her family. She did this through cheques which she signed," Akram contended.

The DPP said the prosecution will prove that the accused, when questioned by MACC officers, as part of a probe under Section 32(3) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA), had made false statements concerning the monies which she had paid into her account.

"It is the prosecution’s case that when the totality of the evidence is considered as a whole, the conduct of the accused in all the circumstances of the case fairly supports the irresistible inference that the deposits in question were proceeds of unlawful activity contrary to Section 4(1)(a) of AMLA.

"The evidence the prosecution will produce will equally establish that the deposits in question can be reasonably believed to be property that are proceeds of unlawful activity.

"As we have already said, the accused did not declare her deposits to Revenue as required by written law. The accused thereby contravened Section 112 of the Income Tax Act 1967, which is a scheduled offence under Amlatfpuaa.

"It is therefore a serious offence, the commission of which constitutes unlawful activity and is by definItion, money laundering," Akram contended.

The trial before Muniandy continues today. Rosmah's defence team comprised counsel Geethan Ram Vincent and Firoz Hussein Ahmad Jamaluddin, among others.

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 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, 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 an 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.

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