KUALA LUMPUR, Oct 6 — Datin Seri Rosmah Mansor has claimed that she would not get a fair trial due to an overlap in 17 money laundering and tax evasion charges against her.
The wife of former prime minister Datuk Seri Najib Tun Razak said this in her response filed on Sept 22 to DPP Poh Yih Tinn’s affidavit-in-reply in the former’s application to cancel 12 charges of money laundering involving RM7,097,750 and five charges of failing to declare income to the Inland Revenue Board (LHDN).
“The first charge to the 12th amended charge (for money laundering) are flawed, vague and defective because they do not state what the illegal activity or predicate offence is from which the proceeds are said to have been obtained,” she said.
In the affidavit-in-reply, Poh said there was no provision under the Income Tax Act 1967 that prevented Rosmah’s prosecution on charges of money laundering and tax evasion.
Meanwhile, Rosmah claimed that the details in the 13th to 17th charges (failure to declare income) were misleading because they had combined money laundering offences.
“Therefore, it is not clear whether I am charged with an offence under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 or with an offence under the Income Tax Act 1967,” she said.
Meanwhile, Rosmah said if the trial continued with the existing charges, it would be against her right under the Federal Constitution to have a fair trial.
“Just by referring to the charges, it is clear that I will not get a fair trial. Furthermore, there is a possibility that I will be tried, convicted and punished more than once for the same offence,” she said.
Rosmah, 71, filed the notice of motion, requesting that she be discharged and acquitted of all 17 charges brought against her on Oct 4, 2020.
She is alleged to have committed the offences at Affin Bank Berhad’s Bangunan Getah Asli branch, Jalan Ampang here between Dec 4, 2013 and June 8, 2017, and at LHDN Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim here, between May 1, 2014 and May 1, 2018.
The trial for the case began on Aug 24 with two witnesses being called to testify.
