Lawyer Geethan Ram Vincent, who is representing the former prime minister’s wife, told reporters this after case management in chambers before deputy registrar Nur Ain Mustapa.
“Deputy public prosecutor Nurshuhaida Zainal Azahar did not object to the application, but they (the prosecution) will reply to our affidavit,” he said.
K Kumaraendran, who is also acting for Rosmah, said the application was filed last week as the case involved points of law and the High Court was the best place to decide on the issue.
“The application will be heard before High Court judge Mohd Nazlan Mohd Ghazali this Thursday,” he said, adding that Rosmah was not present at today’s proceedings.
On Oct 4, Rosmah pleaded not guilty in the Sessions Court here to 12 counts of money laundering, involving RM7,097,750, and five counts of failing to declare her income to the Inland Revenue Board (LHDN).
On the first to eighth charge, Rosmah is alleged to have been involved in money laundering by directly engaging in transactions involving proceeds of unlawful activities amounting to RM1.1 million which were deposited into her account (number 100020000058) at Affin Bank Bhd.
She is alleged to have committed the offence at the Affin Bank Bhd branch, Bangunan Getah Asli, Ground Floor, 148 Jalan Ampang, here, between Dec 4, 2013 and June 8, 2017.
The charges, made under Section 4 (1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, are punishable under Section 4 (1) of the same act with a maximum fine of RM5 million, imprisonment of up to five years, or both upon conviction.
On the ninth to 12th charge, Rosmah is alleged to have directly engaged in 227 transactions involving proceeds of unlawful activities totalling RM5,997,750.00 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 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.
Rosmah also pleaded not guilty to five counts of failing to furnish returns of her income to the LHDN director-general.
On the 13th to 17th charge, she is accused of directly engaging in transactions involving proceeds from unlawful activities and failing to furnish returns on her income amounting to RM7,097,750.00, 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 requires her to furnish returns of her income for the assessment year 2013 to 2017 to the LHDN director-general 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 the offences at the LHDN, Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim, here, between May 1, 2014 and May 1, 2018.
On the 13th count, Rosmah was also charged under Section 4 (1) (a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, which provides a maximum fine of RM5 million or imprisonment for up to five years, or both upon conviction.
The 14th to 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.