Judge Rejects Bid To Postpone Rosmah S Rm7m Money Laundering Trial

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The Kuala Lumpur High Court this morning dismissed an application to postpone Rosmah Mansor’s RM7 million money laundering and tax evasion case.
Judge K Muniandy denied the bid by deputy public prosecutor Ahmad Akram Gharib to vacate the trial scheduled today in order to allow the Attorney-General’s Chambers (AGC) time to peruse through the accused’s letters of representation.
Rosmah’s lead defence counsel Geethan Ram Vincent indicated that the defence has no objections to the trial deferment bid, pointing out that the wife of incarcerated former prime minister Najib Abdul Razak has also sent a second letter of representation dated Aug 18 to the AGC.
“After considering submissions from parties and that this case has been pending since 2018 and it has not been taken off, it is only fair to the accused and prosecution for the case to proceed,” Muniandy said.
The court interpreter then began reading out to Rosmah the 12 money laundering counts involving RM7,097,750 and five charges of failing to declare her income to the Inland Revenue Board (IRB), in order to start trial today.
Earlier, Akram had sought postponement as both the earlier representation as well the second one indicated a potential to take the case in a “whole new direction”.
"We humbly apply for the four (trial) dates (including today and tomorrow) to be vacated and we seek more time for us to carry out investigation based on the two letters (of representation).
"We seek a case management date of two to three months (from today) to complete (the investigation into the two representations).
"Some of these names (mentioned in the representations), we need to look for these people who are not even in this country," Akram said.
The DPP added that if the trial still resumes today, then it would be hard for parties to turn back and that may not be fair to both the prosecution as well as the accused.
In backing the prosecution's deferment bid, Geethan pointed out that the matters raised in the representations go to the core of the defence's case and even the charges themselves.
Rosmah seeks to strike out charges
Meanwhile, after the prosecution read out its opening statement today, Rosmah's other defence counsel Firoz Hussein Ahmad Jamaluddin informed the court that the defence team has instructions to file an application to strike out the criminal charges.
Firoz said this was due to the criminal court not allowing the trial-postponement bid in order to consider Rosmah's representations.
When Muniandy asked whether the defence is seeking for today's trial to be postponed, the lawyer said it was only fair and in the interest of justice for the court to first hear the striking-out bid before commencing with trial.
However, the trial judge did not allow the trial to be vacated, and directed for proceedings to resume today while taking note of the defence team's intent to file the nullification bid.
On May 12, the High Court allowed an application by Rosmah Mansor’s defence team to vacate the trial initially scheduled on that day.
This comes after the accused, 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 that day as well as 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 today pending the attorney-general’s decision on the letter of representation.
Under the law in relation to a letter of representation, an accused person can propose to the AGC other ways to resolve the matter such as the withdrawal of the charge, or for a lesser charge to be put forward.
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. - Mkini

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