KUALA LUMPUR: The High Court here has fixed May 24 for a decision on an application by former prime minister Datuk Seri Najib Abdul Razak’s wife Datin Seri Rosmah Mansor to set aside a prosecution notice requiring her to declare assets in her money-laundering case.
High Court judge Mohamed Zaini Mazlan fixed the date after hearing submissions from Rosmah’s side, represented by lawyers Manjeet Singh Dhillon, Reza Rahim, N. Rajivan and Datuk K. Kumaraendran, and the prosecution led by former Federal Court judge Datuk Sri Gopal Ram.
Earlier, Sri Ram, in his submission, had said the notice that was served on Rosmah to declare assets according to Section 49 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001 was a special provision for proceedings before the trial.
The prosecution, he said, has the right to get disclosure of the assets which are the basic subjects in the money-laundering case.
He said the law and constitutional provisions allowed Section 49 to be used for this purpose before a trial.
Meanwhile, Reza said the notice was unfair as it required Rosmah to declare assets and be tried at the same time involving the same issue.
On Oct 4, 2018, Rosmah pleaded not guilty to 12 charges of money laundering involving RM7 million and five charges of failing to declare her income to the Inland Revenue Board (LHDN).
Rosmah, 67, is alleged to have committed the offences at the Bangunan Getah Asli branch of Affin Bank Berhad, in Jalan Ampang here, and LHDN, Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim here between Dec 4, 2013 and May 1, 2018.
The money-laundering charge was framed under Section 4(1)(b) of AMLATFPUAA 2001, which is punishable under Section 4(1) of the same Act.
The section provides for a maximum of 15 years’ jail and fine of not less than five times the amount or value of the proceeds of the unlawful activity or RM5 million, whichever is higher, upon conviction.
For the failure to declare her income, she was charged under Section 77(1) of the Income Tax Act 1967 for not submitting her income for the assessment years of 2013 to 2017 to the Director-General of LHDN on or before April 30, 2014, 2015, 2016, 2017 and 2018 without reasonable excuse under Section 112 of the law. - Bernama
