AG still mulling Rosmah's third representation to drop charges

The attorney-general (AG) is still considering Rosmah Mansor’s third letter of representation to drop the 17 money laundering and tax evasion charges against her.

Her defence counsel Amer Hamzah Arshad informed the Kuala Lumpur High Court today that they have yet to receive a reply from the Attorney-General’s Chambers over the representation.

“On the issue of the representation, there is no answer as of today. We do not wish to delay the matter (hearing of Rosmah’s application to strike out her charges).

“We wish to proceed with submissions,” the lawyer told trial judge K Muniandy.

Amer then presented his oral submissions on why the charges should be nullified for allegedly being groundless.

The lawyer said this is because the charges were not properly framed in their details as required by the law, causing it to be confusing for Rosmah to know what exactly is the alleged offence she was being accused of.

“The way in which the charges were framed does not disclose any offence under the law,” Amer said as Rosmah looked on from the dock.

Hearing of Rosmah’s striking out bid resumes on Aug 23, with another co-counsel Firoz Hussein Ahmad Jamaluddin expected to present constitutional arguments on how her fundamental rights were infringed by the improperly framed charges.

Deputy public prosecutor Ahmad Akram Gharib is also expected on that day to present rebuttal submissions to deny the striking out and proceed with the full trial of Rosmah.

Rosmah’s charges

The full trial of the case first began on Aug 24 last year, with prosecutors arguing that she had made large deposits while not being gainfully employed.

Earlier last year, Rosmah, the wife of former prime minister Najib Abdul Razak, 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’s 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.

Her solar case appeal is set to be heard by the appellate court on Oct 23.

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