Decision on Rosmah’s bid to quash tax-related charges set for Dec 19
Earlier, Akram rebutted the claim made by Rosmah's counsel that the charges faced by the former prime minister's wife are flawed due to multiplicity, arguing that they both relate to the same subject matter.
KUALA LUMPUR - The High Court here today fixed Dec 19 to deliver its decision on Datin Seri Rosmah Mansor's application to quash the money laundering and tax evasion charges against her.
Justice K. Muniandy set the date after hearing submissions from Rosmah’s counsel, Amer Hamzah Arshad and Datuk Firoz Hussein Ahmad Jamaluddin, while Deputy Public Prosecutor Ahmad Akram Gharib appeared for the prosecution.
Rosmah filed the application on Oct 4, 2020 and the hearing began on Dec 12 last year after the case was partly heard with two witnesses having testified.
Earlier, Akram rebutted the claim made by Rosmah's counsel that the charges faced by the former prime minister's wife are flawed due to multiplicity, arguing that they both relate to the same subject matter.
"Specifically, the funds deposited into the accused’s account. This argument, however, fails to recognise the fundamental legal principles governing how charges are framed in criminal proceedings.
"The charges in question are not redundant, nor are they flawed for multiplicity. Rather, they reflect different criminal actions, each of which occurred at different times, and each requires a separate charge to fully address the scope of the accused's conduct,” he said.
Ahmad Akram added if the prosecution were to consolidate these charges, it would ignore the nuances of the alleged offences and undermine the legal requirement for precise and separate allegations for each act of wrongdoing.
Meanwhile, Amer Hamzah contended that the charges were defective and bad in law and that his client should be acquitted.
In response, Ahmad Akram argued that the points raised by the defence in their submissions were premature, as they were matters to be considered during the course of the trial and for the judge to determine.
"The determination of whether the charges have been proven should be made at the end of the prosecution's case, not now. The evidence must be heard first,” said Ahmad Akram.
On Oct 4, 2018, Rosmah pleaded not guilty to 12 counts of money laundering, involving RM7,097,750, and five counts for failing to declare her income to the Inland Revenue Board (IRB).
The offences were allegedly committed at Affin Bank Berhad, Bangunan Getah Asli branch, ground Floor, 148 Jalan Ampang here between Dec 4, 2013, and June 8, 2017, and at the IRB, Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim here between May 1, 2014 and May 1, 2018.
The charges of money laundering were framed under Section 4(1) (a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and punishable under Section 4(1) of the same law, which provides for imprisonment up to 15 years and a fine of not less than five times the sum or value of the proceeds of unlawful activity or RM5 million, whichever is higher, if found guilty.
The charges for tax evasion made under Section 77(1) of the Income Tax Act 1967 required her to furnish returns of her income for the assessment year 2013 to 2017 to the IRB Director-General on or before April 30, 2014, 2015, 2016, 2017 and 2018 without reasonable excuse contrary to Section 112 of the law. - BERNAMA
