By BERNAMA / Pic By HUSSEIN SHAHARUDDIN
Datin Seri Rosmah Mansor has filed an application to transfer her 17 cases of money laundering and failing to declare her income to the Inland Revenue Board (IRB) from the Sessions Court to the High Court.
Lawyer Datuk Geethan Ram Vincent, who is representing the former prime minister’s wife, said this to the media after the case management in chambers before deputy registrar Nur Ain Mustapa.
“Deputy public prosecutor Datin Nurshuhaida Zainal Azahar did not object to the application, but they (prosecution) will reply to our affidavit,” he said.
Meanwhile, Datuk K Kumaraendran — who is also acting for Rosmah, 67 — said the application was filed last week as the case involved points of law and the High Court is the best place to decide on the issue.
“The application will be heard before High Court Judge Mohd Nazlan Mohd Ghazali this coming Thursday,” Kumaraendran said, adding that Rosmah was not present during yesterday’s proceeding.
On Oct 4, Rosmah pleaded not guilty in the Kuala Lumpur (KL) Sessions Court to 12 counts of money laundering involving RM7,097,750, and five counts for failing to declare her income to the IRB.
On the first to the eighth charge, Rosmah is alleged to have been involved in money laundering by directly engaging in transactions that involved proceeds of unlawful activities amounting to RM1.1 million which was deposited into her account (number 100020000058) at Affin Bank Bhd.
She is alleged to have committed the offence at the Affin Bank branch in Bangunan Getah Asli, Jalan Ampang, KL, between Dec 4, 2013, and June 8, 2017.
The charges were made under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATF) and punishable under Section 4(1) of the same Act, which provides for a maximum fine of RM5 million or imprisonment for up to five years, or both, if found guilty.
On the ninth to the 12th charge, Rosmah is alleged to have directly engaged in 227 transactions involving proceeds of unlawful activities totalling RM5,997,750 which was deposited into her same bank account.
She was charged under Section 4(1)(a) of the Anti-Money Laundering, Anti- Terrorism Financing and Proceeds of Unlawful Activities Act 2001. The offence is punishable with imprisonment for up to 15 years and a fine of not less than five times the sum or value of the proceeds of unlawful activities or RM5 million, whichever is higher.
Rosmah also pleaded not guilty to five counts of failing to furnish returns of her income to the DG of the IRB.
On the 13th to 17th charge, she is alleged to have directly engaged in transactions involving proceeds from unlawful activities and failing to furnish returns on her income amounting to RM7,097,750 that was deposited into her Affin Bank account number 100020000058 between Dec 4, 2013, and June 8, 2017.
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 DG on or before April 30, 2014, 2015, 2016, 2017 and 2018 without reasonable excuse contrary to Section 112 of the law.
She was charged with committing all the offences at the IRB between May 1, 2014, and May 1, 2018.
On the 13th count, Rosmah was charged under Section 4(1)(a) of the AMLATF and punishable under Section 4(1) of the same Act, which provides for a maximum fine of RM5 million or imprisonment for up to five years, or both, if found guilty.
The 14th to the 17th charge were made under the same section of the Act, which is punishable with a jail term of up to 15 years and a fine of not less than five times the sum or value of the proceeds of unlawful activities or RM5 million, whichever is higher.